Caselist June04 - English PEN

INTERNATIONAL PEN
Writers in Prison Committee
HALF-YEARLY CASELIST
to 30 June 2004
International PEN
Writers in Prison Committee
9/10 Charterhouse Buildings
London EC1M 7AT
United Kingdom
Tel: + 44 020 7253 3226
Fax: + 44 020 7253 5711
e-mail: intpen@gn.apc.org
web site: www.internatpen.org

INTERNATIONAL PEN Writers in Prison Committee
International PEN is the leading voice of literature worldwide, bringing together poets, novelists, essayists, historians, critics, translators,
editors, journalists and screenwriters. Its members are united in a common concern for the craft and art of writing and a commitment to
freedom of expression through the written word. Through its Centres, PEN operates on all five continents with 138 centres in 101 countries.
Founded in London in 1921, PEN connects an international community of writers. It is a forum where writers meet freely to discuss their
work. It is also a voice speaking out for writers silenced in their own countries.
The Writers in Prison Committee of International PEN was set up in 1960 as a result of mounting concern about attempts to silence critical
voices around the world through the detention of writers. It works on behalf of all those who are detained or otherwise persecuted for their
opinions expressed in writing and for writers who are under attack for their peaceful political activities or for the practice of their profession,
provided that they did not use violence or advocate violence or racial hatred.
Member centres of International PEN are active in campaigning for an improvement in the conditions of persecuted writers and journalists.
They send letters to the governments concerned and lobby their own governments to campaign for the release of detained writers and for investigations
in cases of torture and killings. Through writing to the families and, where possible, directly to prisoners, they provide encouragement
and hope.
International PEN has consultative status at the United Nations Commission of Human Rights and with UNESCO.
INTERNATIONAL PEN CHARTER
The PEN Charter is based on resolutions passed at its international congresses and may be summarised as follows:
PEN affirms that:
1. Literature, national though it be in origin, knows no frontiers, and should remain common currency between nations in spite of political or
international upheavals.
2. In all circumstances, and particularly in times of war, works of art, the patrimony of humanity at large, should be left untouched by national
or political passion.
3. Members of PEN should at all times use what influence they have in favour of good understanding and mutual respect between nations; they
pledge themselves to do their utmost to dispel race, class and national hatreds, and to champion the ideal of one humanity living in peace in
one world.
4. PEN stands for the principle of unhampered transmission of thought within each nation and between all nations, and members pledge themselves
to oppose any form of suppression of freedom of expression in the country and community to which they belong, as well as
throughout the world wherever this is possible. PEN declares for a free press and opposes arbitrary censorship in time of peace. It believes
that the necessary advance of the world towards a more highly organised political and economic order renders a free criticism of governments,
administrations and institutions imperative. And since freedom implies voluntary restraint, members pledge themselves to oppose
such evils of a free press as mendacious publication, deliberate falsehood and distortion of facts for political and personal ends.
INFORMATION SOURCES
The WiPC gathers its information from a wide variety of sources. It seeks to confirm its information through two independent sources. Where
its information is unconfirmed, it will either take not action, or send an appeal worded to reflect the fact that the information is as yet incomplete.
Sources include press reports, reports form individuals in the region in question, reports from other human rights groups PEN members
themselves, embassy officials, academics, prisoners’ families, lawyers and friends, and exile groups. It also works with international NGOs,
such as Amnesty International and Human Rights Watch. It is a founder member of IFEX – the International Freedom of Expression
Exchange. IFEX is a collaborative, on-line service in which several groups involved in the campaign for free expression pool information.
Other members include Article 19, the Committee to Protect Journalists, Index on Censorship, the International Federation of Journalists and
Reporters sans Frontieres, as well as regional and national groups. For further details see the IFEX website www.IFEX.org
Our work would be impossible without our Sponsors who include:
Artikel 19, NOVIB, Swedish International Development Foundation, Norwegian Ministry for Foreign Affairs, the Fritt Ord Foundation,
UNESCO Individual donations and membership fees from PEN members
Bank details: International PEN Foundation Account, National Westminster Bank, 134 Aldersgate Street, London EC1A 4JB. Sort code: 60-05-37 Account: 81901763.
2

Contents
List of cases by country 4
Africa 4
The Americas 20
Asia 33
Europe and Central Asia 51
Middle East 67
Centres with Writers in Prison Committees 77
List of Main Cases by Country 77
Case statistics 79
Index of countries listed 80
The Writers in Prison Committee of International PEN records of persecuted writers are updated daily. For up-to-date information on a
particular country (or countries), contact the Writers in Prison Committee headquarters in London.
Anyone wishing to take action on any individual mentioned in this Caselist should contact the Writers in Prison Committee headquarters
for any update there may be on the case and for advice on appeals.
Explanation of Terms Used
Important: Please Read
Main Cases
Those cases listed as 'main cases' are those where the Writers in Prison Committee is confident that:
i. the person is a writer or journalist or is persecuted because of their writings;
ii. the person has not used violence towards his or her aims or advocated racial hatred.
In these cases, the Writers in Prison Committee will take all possible action for their release or for compensation. In cases where a prisoner is
held without charge or trial for a considerable length of time, the Writers in Prison Committee will consider them to be a main case until and
unless information is provided which shows that they have used violence or advocated racial hatred.
Judicial concern
These are cases where the main concern includes convictions based on trial proceedings which were manifestly unfair, where there are serious
concerns regarding allegations of torture or where there are other irregularities in the judicial process. In these cases, the Writers in Prison
Committee calls for a re-trial following fair trial practice or is calling for an investigation of the alleged malpractice and for those found guilty
of committing such acts as torture to be brought to justice.
Investigation case
An investigation case is one where the Writers in Prison Committee:
i. needs more information to ascertain whether a person is a writer or is persecuted for their writings;
ii. is not clear as to whether or not he or she has used violence or advocated racial hatred;
iii. has insufficient information to confirm that the event has taken place;
iv is seeking confirmation that the person is still detained.
The Writers in Prison Committee publishes details of investigation cases so as to provide a complete account of reports of abuses against
individuals practicising their right to free expression in all countries. However, it will not usually call for their release. Once sufficient
information is available, their cases will be reclassified as a main case or dropped as appropriate.
'*' by a name indicates that the case is new to the Committee's list since the last Writers in Prison Committee report. The last report was dated
December 2003.
3

4
Caselist January to June 2004
International PEN Writers in Prison Committee
Details current up to 30 June 2004
ALGERIA
AFRICA
including North Africa
Main Case
*Hafnaoui GHOUL
Profession: Journalist Date of arrest: 25 May 2004 Sentence: Handed
down six month prison term on 26 May 2004 and a further two month
prison sentence was handed down to him on 9 June 2004. 1) Ghoul,
correspondent with the daily newspaper El-Youm , was arrested on 25
May 2004 following a complaint filed against him by Djelfa’s police
chief. The initial six months prison sentence with no parole was handed
down to Ghoul following a summary trial on 26 May 2004. He also
received a fine of 50,000 dinars (approx. US$700 dinars). The sentencing
of Ghoul and other defamation complaints from the police chief reportedly
stem from interviews in Le Soir d’Algérie and Le Matin and a report
published in El Djazaïr News in which the journalist criticised the repression
of correspondents in Djelfa. 2) In a separate charge of defamation
the journalist was sentenced to an additional two-month prison term on 9
June 2004 and fined 300,000 dinars (approx. US$4,250). The journalist
had reportedly alleged that local officials were responsible for the deaths
of a number of premature babies in Djelfa hospital, and had misused
public funds. The claim was made by the journalist in an interview
published on 17 May 2004 in the daily newspaper Le Soir d’Algerie.
These defamation charges were brought by Djelfa’s prefect and the
town’s health director. Other charges/detentions: Ghoul reportedly
faces around fifteen further defamation charges brought by local officials,
including local governor Mohamed Adou. Prior to his detention on
25 May 2004, Ghoul had been subjected to house arrest from 15
February 2003 and had faced continuous harassment due to reports he
had written criticising the local police chief. He had also faced pressure
from the local administration in Djelfa following a report he published
concerning the deaths of 13 babies in Djelfa’s hospital. Other details: In
addition to his work as a journalist, Ghoul also runs a regional office of
the Ligue algérienne pour la défense des droits de l’homme (Algerian
League for the Defence of Human Rights – LADDH).
Investigation
*Mohammed BENCHICOU: director of the private daily newspaper Le
Matin was sentenced to two years’ imprisonment on 14 June 2004. The
journalist was found guilty of currency exchange control violations but it
has been reported that the charge may have been used by the Algerian
authorities as a pretext to silence the newspaper in the run up to the presidential
elections. Benchicou, who is being detained in the El-Harrach
prison in Algiers, was also fined 20m dinars (c. US$280,000). On his
return from France on 23 August 2003, Benchicou was apprehended in
possession of some credit notes (equivalent to bank cheques) issued by
an Algerian bank. It is unclear whether Benchicou actually broke the law
by his actions. According to reports received by PEN the action taken
against Benhicou was politically motivated and was brought about by the
Algerian interior minister Yazid Zerhouni. Background In 2003, a Le
Matin article accused Zerhouni of involvement in torturing prisoners in
the 1970s during his service as a commander in military security. At a
press conference in Djelfa in 2003, Zerhouni reportedly insinuated that
Benchicou would “pay” for the accusations made in Le Matin.
Previously , on 8 September 2003 Benchicou, along with Ali Dilem
(cartoonist with the newspaper Liberté) had been arrested and charged
with “insulting the head of state”. Both were released the following day.
Other charges: On 16 November 2003 Benchicou was placed under
judicial review for carrying foreign bonds into Algiers, which according
to legal experts is not against the law. He had been summoned by a prosecutor
on 26 August 2003 after a formal complaint by the Finance
Ministry for allegedly violating rules about foreign currency exchange
and movement of funds. In addition, Benchicou along with Sid Ahmed
Semiaine, former columnist with the Le Matin, had faced eleven counts
of defamation brought by the Ministry of Defence on 26 March 2002.
Suspended sentence
*G. LOTFI: Djelfa-based correspondent with the daily newspaper
Liberté, was given a three-month suspended prison sentence and ordered
to pay 200,000 dinars (approx. US$2,800) in damages to the Djelfa
police chief. The sentencing was linked to a 14 April 2004 article
concerning the suicide of a local business man.
On trial
*Kamel GACI: reporter with the daily newspaper Le Soir d’Algérie was
charged with ‘failure to report a fugitive’ following the publication of his
interview with an escaped convict (publication believed to have been in
April 2004). The fugitive contacted Gaci through the newspaper two
weeks after his escape from El Khemis prison, saying he wanted to tell
his story. Gaci notified the authorities of his interview with the fugitive
but did not say where it would take place. The day after the article’s
publication, the Bedjaïia Prosecutors Office brought chages against Gaci.
The court granted him a conditional release and placed him under judicial
surveillance pending the verdict of his trial. WiPC is investigating
this case.
Omar SAADA: author, published a book entitled La décheance administrative,
le drame d’un officer (Administrative decline, the drama of an
officer) in August 2002 in which he criticised the behaviour of several
governmental officials. Reports cite that sixteen legal proceedings have
been undertaken against him by individuals named in his book and three
other legal suits have been taken up against him by the General Director
of the government’s Civil Protection department. As Omar Saada many
miles from the court where the proceedings are taking place it is impossible
for him, for financial reasons, to be present. Furthermore, several
officials acting in court appear in his book and can therefore not be
deemed to be impartial. During a visit to a refugee camp where Omar
Saada lived with his family (following an earthquake in Algeria) the
Algerian president, Abdelaziz Bouteflika, promised to look into the case
and ensure that justice was carried out. Saada has since been able to
return to his house with his family in 2003. Awards: NOVIB 2003
awarded to Omar Saada in October 2003. WiPC investigating legal
proceedings. *No further information as of 30 June 2004.

Brief detention
* Saïda AZZOUZ (f) journalist with the daily newspaper Le Matin was
arrested, along with Ali Dilem, cartoonist with the newspaper Liberté
and taken to Algiers central police station on 15 February 2004. The
police were reportedly looking for copies of a book published by
Mohammed Benchicou (see above), director of the private daily newspaper
Le Matin, entitled “Bouteflika une imposture algérienne”. Azzouz
and Dilem were both believed to have copies of the book. Azzouz and
Dilem were released the same day having been detained for several
hours.
Hassan BOURRAS: correspondent with several newspapers including
the daily regional newspaper El Djazin and the daily national daily newspaper
El Youm and member of the Ligue algérienne pour la défense des
droits de l’homme (Algerian League for the Defence of Human Rights –
LADDH),.Along with his family, reportedly subjected to continual pressure
from local officials since being released from prison on 2 December
2003. Bourras had been sentenced to two years on 6 November 2003 and
banned from practising his profession for five years. The sentencing of
Hassan Bourras appeared to stem from two articles that had been
published in El Djazairi, which had reported on the corruption of local
officials in the western part of Algeria. He was temporarily freed on 2
December 2003 after the plaintiff failed to appear in court. The prison
sentence was not upheld at the journalist’s appeal hearing on 23
December 2003.
*Abdelkrim Sid HADJ: correspondent with the daily newspaper El
Khabar has reportedly been harassed by the local authorities over recent
months. In an open letter to president Bouteflika, the journalist accused
the Naama police chief of reopening a 2002 legal case involving the
previous tenant of a residence Hadj bought in 1997, in order to have his
home sealed by the local authorities. Hadj claimed that the police chief
did this in revenge for his exposure of several scandals in the press.
ANGOLA
Sentenced/charges pending
*Felisberto DE GRAÇA CAMPOS: director and editor of the weekly
magazine Semanario Angolense, was sentenced on 30 March 2004 to 45
days in prison or a fine of US$1,200 for “defamation”. The verdict
stemmed from a Semanario Angolense article that appeared in 2003
concerning the alleged wealth of certain government officials. The case
was brought by Defence Minister General Kundy Payama, who featured
in the magazine’s list of 59 people it claimed were millionaires. Further
trials are reportedly pending as other individuals on the list bring charges
against the journalist. It is not clear whether de Graça Campos served his
sentence in prison or paid the fine.
BENIN
Brief Detention
Jean-Baptiste HOUNKONNOU: publication director of the daily
newspaper Le Nouvel Essor, was sentenced to six months’ imprisonment
for defamation on 16 March 2004. The verdict stemmed from a
December 2003 Le Nouvel Essor article in which a woman was accused
of adultery. Hounkonnou was granted a provisional release by Benin’s
court of appeal on 27 April 2004.
CAMEROON
Suspended Sentence
* Delor Magellan KAMGAING and Victor Bosco KELBAKAI: publication
director and reporter with the Yaounde-based weekly newspaper
J’informe respectively, were each sentenced to three-month suspended
prison sentences on 3 February 2004 after being charged with “defamation”.
The journalists were also ordered to pay a symbolic 1 CFA franc in
damages and interest. The sentences stem from an article printed in the 1
July 2003 edition of J’informe concerning an alleged affair between
Chantal Yologaza, a pastor with a Yaounde-based church and a man
named Franck Ateba. Yologaza filed a complaint against Kamgaing and
Kelbakai on 31 July 2003. On 2 October 2003, the newspaper published
a correction to the article. Reportedly, despite a settlement between
Yologaza and the newspaper, Yologaza did not withdraw her complaint.
Facing charges
* Michel Michaut MOUSSALA: director of the newspaper Aurore Plus,
was ordered to appear in court on 24 June 2004 on a charge of defamation.
The charge stems from an unsigned 11 May 2004 article entitled
“Fresques et frasques d’un schizophrénique” in which a connection was
made with the plaintiff Joseph Antoine Bell. WiPC investigating.
* Richard Max Bosoh MPANDJO and Luther OUANDIE: publication
director and journalist with the newspaper L’Indépendent respectively,
were ordered to appear in court on 6 May 2004 to respond to charges of
“defamation and spreading false information”, brought by Ndo Ndo Jean
Rollin Bertrand, director of pharmaceuticals for the Ministry of Public
Health. The charges stem from a 12 February 2004 article written by
Ouandie which reportedly accused Betrand of having stolen the remains
of a patriarch from a Yaounde morgue on 13 December 2001. According
to the charges, the accusations brought by the paper against Bertrand
constitute a serious attack on his reputation. In a response published on
26 April 2004, L’Indépendent reiterated its claim that the doctor had “a
disturbing role in the disappearance of Alo’o Mve’s body from the Jamot
hospital in Yaounde”. WiPC investigating.
CENTRAL AFRICAN REPUBLIC
Investigation
Michel NGOKPELE: publication director of the daily newspaper Le
quotidien de Bangui, was sentenced to six months imprisonment with no
parole on 3 July 2003 for “defamation by means of the press” and
“incitement to ethnic hatred”. The sentencing of Ngokpele followed the
publication of an article in mid-May 2003 in which the journalist implicated
a doctor in the deaths of several patients at a local hospital. Among
other things, the article said, “Since the arrival of the new head doctor,
there are more deaths at the hospital than previously.” The article also
reportedly referred to the misappropriation of funds at the hospital and
declining medical standards. Ngokpele was arrested on 18 May 2003 and
detained at Bangui police station before being transferred to M’Baiki
prison. *WiPC seeking to confirm Ngokpele’s expected release in
January 2004
Brief detention
* Patrick BAKWA and Mathurin Constant MOMET: editor-in-chief
and publication director and respectively of the daily newspaper Le
Confident, were detained by police and held for questioning on 16 April 5

6
2004. Momet and Bakwa were reportedly detained after having reported
that local businessman Maximilien Boganda had criticised his former
lawyer, Pierre Ouadda-Diala, and referred to the country’s judicial
system as confused and mafia-like. Momet and Bakwa were granted
provisional release from police custody on 17 April 2004. On 19 April
2004 Boganda filed defamation charges against Momet and Bakwa. *No
further news as of 30 June 2004.
*Corneille WANGUIA-VICKOT: assistant editor-in-chief of the
Bangui-based daily newspaper Le Confident, was arrested on 21 May
2004 on the order of the Interior Minister Jules Bernard Ouande. His
arrest reportedly stemmed from a report published by the newspaper on a
15 million CFA franc (approx. US$27,000) misappropriation of funds at
the Interior Ministry. The journalist’s home was also raided after he
refused to disclose the sources of the story. Wanguia-Vickot was granted
a conditional release after having been detained for 48 hours.
*Jude ZOSSÉ: publication director of the Banugi-based daily newspaper
L’Hirondelle was handed down a six month prison sentence on 12 March
2004 for “offending the heads of state” and was fined 200,000 CFA
francs (approx. $US375). The journalist had been arrested on 25
February 2004 in connection with a 23 February article entitled “General
Bozizé: the State’s Taxman” which had previously appeared on the
centrafrique-presse.com website. The writer of the article implicitly
accused Bozizé (who took over the presidency in a coup d’état in March
2003) of embezzlement of public funds. Zozzé was released on 14 May
2004 following a presidential pardon.
CHAD
Case closed
Nadjikimo BÉNOUDJITA and Mbainaye BÉTOUBAM: publication
director and deputy editor respectively of the weekly Notre Temps, were
both handed six-month prison sentences on 6 February 2003 on charges
brought against them by Hadjé Billy Douga. The two were also fined 2M
CFA francs (approx. US$3,300) damages and were banned from working
as journalists for eight months. Notre Temps has also been ordered to shut
down for three months. The charges stem from a Notre Temps article that
alleged that Hadjé Billy Douga, a government official and President
Déby’s mother-in-law, had arranged the torture of the men who had
supposedly stolen some of her jewellery. One of the men is said to have
died from his injuries. The journalists claimed that their source of information
was the N’Djamena Appeals Court register. Bétoubam was
absent from the trial due to illness. He was arrested at his home immediately
afterwards and taken to the N’Djamena prison to join his colleague.
The two men were provisionally released on 1 April 2003 after an
Appeals Court ruling. A further hearing was due to take place on 22
April. PEN is seeking an update on the progress of the trial. Whilst
detained, both men wrote articles about prison life. This led to them
being harassed by fellow inmates and the prison authorities. It is assumed
that both men are still free pending trial proceedings.
DEMOCRATIC REPUBLIC OF
CONGO
Main Cases
*Nicaise KIBEL-BEL-OKA
Profession: Publisher and editor. Date of arrest: 20 June 2004 Details
of sentence: Kibel-Bel-Oka, of the newspaper Les Coulisses, was
handed down a six month prison sentence on 19 June 2004. Kibel-Bel-
Oka was also fined the equivalent of US$5000 on defamation charges.
The sentence stemmed from a Les Coulisses article that accused a Mr
Kiangu, a businessman, of defrauding the customs services. The original
trial took place in Beni on 2 March 2004 when Kibel-Bel-Oka was in
Kinshasa. At the time he was given a five-year sentence and fined
US$2000. However, by 20 March, when the journalist was told of the
verdict, the sentence had been changed to six months’ imprisonment and
a US$5000 fine. Kibel-Bel-Oka appealed the sentence and provided
evidence to back up the claims made in the article. He also argued that
the chances of a fair trial may have been prejudiced by the reported
family ties between Kiangu and court officials. Kibel-Bel-Oka was
arrested on 20 June 2004 and taken to Beni central prison where he was
informed of the result of the appeal, at which, like his original trial, he
had not been able to defend himself in person. In January 2004 documents
received by PEN, reported that Kibel-Bel-Oka had been receiving
death threats following the publication of an article in which he accused
leaders of the Rassemblement pour la démocratie-Mouvement de libérations
(Rally for the Democracy-Liberation Movement – RCD-ML) of
creating insecurity in the north-east of the DRC in order re-inforce their
power.
Roger Salomon Lulemba KIABULULU
Profession: Journalist Sentenced: correspondent for the Kinshasabased
weekly newspaper L’Eveil was sentenced to six months’ imprisonment
(two months of which are suspended) on criminal defamation
charges on 25 May 2004. According to reports received by International
PEN, Lulemba Kiabululu was handed down the prison sentence for the
defamation of local diamond developer Mwahindji Shamwenze. The
journalist was also ordered to pay US$526 in damages to Shamwenze.
Background: The charge against Lulemba Kiabululu stemmed from an
article published in the 3 October 2003 edition of L’Eveil in which he
reported on a conflict in the village of Mutshima between soldiers
allegedly being paid by Mwahindji Shamwenze and a group of youths
known as the “red army”. In his article, Lulemba Kiabululu blamed
Shamwenze for the death of two people who were reportedly killed
during the conflict. In addition to being prosecuted for defamation,
Lulemba Kiabululu was also prosecuted for ‘libellous accusation’ but
was acquitted. The 25 May 2004 sentencing of the journalist followed a
series of seven public hearings which had been followed by a court recess
on 14 February 2004. Previously Kiabululu was arrested on 12 July
2003. He was detained at the headquarters of the Congolese National
Police (PNC) in Tshikapa overnight before being transferred to Kanzala
prison. Lulemba claimed to have been assaulted by police officers at the
time of the assault reportedly complained that “journalists are constantly
criticising the police”.
Free pending trial
*Rakys BOKELA :editor of the newspaper Le Collecteur was arrested on
21 May 2004, The charges against Bokela stem from an 18 February
2004 Le Collecteur article entitled “Aimé Luvumbu should be in the
central prison” which he states he did not write himself. Luvumbu has
filed charges, claiming that he was not guilty of corrupt practices whilst
president of the Congolese boxing federation, as stated in the report.
Bokela was temporarily released on 14 June 2004. WiPC investigating.
*Jean-Denis LOMPOTO: publisher of the satirical bi-weekly newspaper
Pili-Pili was arrested on 19 March 2004 and charged with the “defamation”
of the Minister of Mines, Eugène Diomi Ndongala. The charge

stems from a 3 March 2004 article in which the paper accused the
minister of embezzling US$10,000 each month from the accounts of
companies that operate under the Mines Ministry’s authority. Lompoto
was provisionally released on bail on 27 March 2004 after paying
US$100 in bail. Two of Lompoto’s colleagues facing the same charges
and summons, Prosper Dawé and Amgwalima, managing director of
Pili-Pili and author of the article respectively went into hiding. WiPC
investigating.
*Casimir TWITE: correspondent with the Kinshasa-based newspaper
L’Alerte, was summoned on 26 February 2004 to appear before the
Luebo High Court on 9 March 2004 to face a charge of “defamation”
brought by court bailiff Ignace Mulumba Nkoshi. The charge is linked to
a case which Twite reported on concerning influence peddling by the
bailiff. WiPC investigating.
Investigation
*Lucien-Claude NGONGO and Albert Kassy Khamy MOUYA:
deputy editor of the weekly Fair Play, and former publication director of
the weekly Le Lauréat respectively were arrested on 19 May 2004 and
27 May 2004 respectively. Both journalists are being held in custody in
Kinshasa Prison pending trial for “criminal defamation”. Ngongo faces
charges resulting from a Fair Play article penned by reporter Grégoire
Agboya that questioned why a wealthy Belgian businessman, William
Damseaux, had not had to pay the costs arising from a legal action. Kassa
faces defamation charges regarding statements published in Le Lauréat
about the William Damseaux case in March 2004, although in this
instance they have been brought by Damseaux’s lawyer, Marceline
Tshitoko. Agboya was again the reporter responsible for the story. Kassa
claims that he actually ceased to be the publication director of Le Lauréat
in January, two months before the article appeared.
Death threats
*Jean-Jacques Luboya Samba SHAKE and Pierrot NSENGA:
publisher of the Lubumbashi-based newspaper La Verité and
Lubumbashi correspondent for the Kinshasa-based newspaper Le
Révélateur respectively, reportedly received death threats in May 2004.
Following political articles published on 27 May 2004, Shake claims to
have received a number of threats from local vigilantes. Nsenga allegedly
received threats following a series of articles he published in which he
criticised Kumwanza’s “anarchist behaviour” after being passed over for
the provincial governor’s appointment.
In hiding: Investigation
Michel Mukebayi NKOSO and Kasongo MUKISHI, editor and journalist,
respectively, with the Kinshasa-based weekly Kin News.1)
arrested by police officers on 25 February 2003 at the newspaper offices
and taken to Kin-Mazière Special Services detention centre. The arrest
followed a defamation action taken against them by President Kabila’s
twin sister, Janet Kabila, following an article written by Nkoso and
Mukishi that appeared in the 22 to 28 February edition of Kin News. The
first hearing was due to be held at the Kinshasa court on 18 March 2003.
PEN is seeking an update on the trial. The article was entitled “Former
finance and budget minister Matungulu’s and Joseph’s million dollars go
to Sony Kafuta”. 2) On 5 June 2003 Michel Mukebayi Nkoso and Sage-
Fidèle Gayala Ngangu, editor in chief of Kinshasa based newspaper
Congo News were reportedly attending a meeting at Congo News when
they were disturbed by Denis Kalume, the son of the Minister General.
Following an argument, Kalume reportedly returned with five soldiers
from the Congolese Armed Forces (FAC). The two journalists were then
reportedly stripped, forced into a jeep and beaten for about ten minutes
before being dropped off outside the newspaper’s offices. The soldiers
accused the journalists of showing “a lack of respect for the son of a
general”. Later on the same day, Ngangu was picked up by the same
soldiers, taken to the house of Minister General Denis Kalume Numbi
and beaten again. Following the beating the journalist’s press card was
photocopied and he was warned that his personal information could be
used against him if he disclosed information about the incident. *No
further information as of 30 June 2004.
Released
Bamporiki CHAMIRA: journalist with the daily Kinshasa based newspaper
La Tempête des Tropiques was Chamira was arrested on 14
February 2003 and sentenced in June the same year to 14 months’
imprisonment for allegedly leading a plot to assassinate President Joseph
Kabila. He was not included in an amnesty for all those allegedly
involved in attempts to overthrow the government and there is comcern
that real reason for his sentencing was as a reprisal for his journalistic
work. He was released from prison on 15 June 2004 having served his
entire sentence.
DJIBOUTI
Brief detention
*Houssein Ahmed FARAH: journalist with the newspaper Le Renouveau
was arrested on 8 June 2004. He was detained in a police station cell for
over four days before being transferred to Gabode Central prison and
placed in solitary confinement and not allowed any visits. The journalist
had been returning from Djibouti’s Arnhiba neighbourhood where he had
been on assignment when police ordered him to stop his vehicle during
the passage of Kadra Mahamoud’s procession. Mahamoud is the wife of
head of state Isamel Omar Guellehto. Farah was charged with “endangering
the First Lady’s procession”. Farah was released on 17 June 2004
after being found not guilty and acquitted at a tribunal hearing in
Djibouti. Houssein Ahmed Farah is the brother of Daher Ahmed Farah,
editor-in-chief and managing editor of Le Renouveau, who has
frequently been jailed by the authorities on reportedly trumped up
charges.
ERITREA
Disappeared
Ezra FESSEHAYE: journalist with the government-owned newspaper
Hadas Eritrea, was arrested by security forces in July 2002 and has not
been heard of since. Fessehaye, who analysed international news for
Hadas Eritrea, was also the founder of a computer design company,
Juventus. He was apparently arrested on the grounds that his company
had been forging passes allowing Eritrean citizens to travel around the
country. Freedom of movement in Eritrea is restricted to those holding
government-issued passes and a number of students were apprehended in
July with false passes. However, it is believed that the forgery charges are
being used as a pretext to detain Fessehaye.
*Still presumed to be held by the security forces as of 30 June 2004.
Main cases
Yusuf MOHAMED ALI (editor-in-chief, Tsigenay – born c. 1958),
Mattewos HABTEAB (editor-in-chief Meqaleh – born c. 1973), Dawit 7

8
HABTEMICHAEL (reporter Meqaleh – born c. 1973), Medhanie
HAILE (editor-in-chief Keste Debena – born c. 1970), Emanuel
ASRAT (Zemen), Temesken GHEBREYESUS (Keste Debena – born c.
1967), Dawit ISAAC (co-owner of Setit, writer – born c. 1965),
Fesshaye YOHANNES “Joshua” (publisher Setit, playwright and poet
– born c. 1957) Said ABDELKADER (writer and editor Admas and
owner of the press that printed most of the independent newspapers –
born c. 1969) Date of arrest: in the days following 23 September 2001.
Sentence: not yet sentenced
Details of arrest and charges: According to news reports, presidential
adviser Yemane Gebremeskel stated that the journalists may have been
arrested for avoiding national service. However, it has also been reported
that Yusuf Mohamed Ali is too old for national service and is therefore
legally exempt. This is the second time that Said Abdulkader has been
reported missing, presumed arrested. Other journalists had their houses
searched. The detentions came in the wake of the closing down of all
eight independent newspapers by the authorities on 18 September 2001
(these include the weeklies Meqaleh, Setit, Tsigenay, Zemen, Wintana,
and Admas). Since then, only the state newspaper, Hadas Eritrea, has
been published. The authorities have either denied that a clampdown has
taken place, claiming instead that the journalists have merely been sent to
carry out their national service; or that the closures and mass arrests were
necessary for the sake of national unity, or were effected because of the
failure of the newspapers to comply with laws covering media licences.
However, a more likely explanation is that the crackdown was an attempt
to stamp out criticism of the Eritrean government’s treatment of students
and political dissenters, and its prosecution of the war against Ethiopia.
On 31 October 2001 it was reported that the first seven above named
journalists had been held incommunicado at a police station in the capital
Asmara since their arrest. They had not apparently been charged or taken
to court. Eritrean law states that this must take place within 48 hours of
an arrest. On 3 December 2001, a separate report confirmed that all but
two of the above were in detention. All those detained have had their
bank accounts frozen and assets confiscated. Their relatives have not
been allowed to visit them. On 5 April 2002, Yusuf Mohamed Ali,
Mattewos Habteab, Dawit Habtemichael, Medhanie Haile, Temesgen
Ghebreyesus, Emanuel Asrat, Dawit Isaac, Fessehaye Yohannes and Said
Abdulkader started a hunger strike to protest against their detention. All
were said to be refusing food until they were released or tried fairly.
Health Concerns: Dawit Isaac, a Swedish citizen of Eritrean origin, has
been hospitalised under strict security. There are allegations that his need
for medical aid is a direct result of his treatment in prison. He was last
heard of in April 2002 in Halibet Hospital in Asmara undergoing
surgery. In April 2003, Eritrean president Isaias Afewerki told Radio
France Internationale that the journalists listed as arrested or missing had
been bribed by forces opposed to the government to cause division. He
stated, “You cannot say a spy is a journalist…In the middle of the war we
had to check them. We had to say enough is enough.” *It was reported in
April 2004 that the journalists were being held in secret security sections
of the 2nd and 6th police stations in Asmara. Honorary Members:
American PEN
Mahmud AHMED SHERIFFO, Haile WOLDETESNAE, Petros
SOLOMON, Saleh Idris KEKIA, General Ogbe ABRAHA, Astier
FESHATSION, Berhane GHEBRE EGHZABIHER, Hamid
HIMID, Estifanos SEYOUM, Germano NATI and Beraki GHEBRE
SELASSIE: former Minister of Local Government, former Minister of
Trade and Industry, former Minister of Fisheries, former Minister of
Transportation and Communication, and former Chief of Staff of the
Defence Force and Minister of Trade and Industry respectively (the final
six were also former members of government), have been detained since
18 or 19 September 2001 after the publication in May 2001 of an open
letter critical of the government addressed to members of the ruling
People’s Front for Democracy and Justice party. All eleven were
members of the so-called G-15, a group of fifteen PFDJ senior officials
who signed the letter. They were arrested in Asmara on 18 and 19
September 2001 and accused of crimes against national security and
sovereignty. A twelfth G15 member was also arrested but was released
when he recanted. The three remaining members were abroad at the time
of the arrests and have not returned to Eritrea. In February 2002, in the
first parliamentary session since 2000, President Issayas Afewerki
declared that the G-15 members had “committed treason by abandoning
the very values and principles the Eritrean people fought for”. The
National Assembly therefore “strongly condemned them for the crimes
they committed against the people and their country”. After such statements
it seems highly improbable that the eleven currently held will
receive a fair trial. The eleven are held incommunicado and it is not
known whether they have been formally charged.
*All are still being detained as of 30 June 2004.
Disappeared/possibly imprisoned or conscripted
Paolos ZAID (Eritrean Profile), Akhader AHMEDIN (Tsigenay),
Omer “ABU AKLA” (Tsigenay), Meles NIGUSSE (Tsigenay), Yebio
GHEBREMEDHIN (Mekalih), Muluberhan HABTEGEBRIEL
(Setit), Amanuel GHEBREMASKEL (Mana), GHEBREMEDHIN
(Millennium), Daniel HABTE (Eri-Tempo): all journalists with Eritrean
publications (as indicated), are missing presumed imprisoned or forcibly
conscripted into the army and sent to the front line in the conflict with
Ethiopia (a cease-fire declared in December 2000 is still in force). Zaid
was arrested at his home in late April 2001. His current whereabouts are
unknown, as is the reason for his arrest. Haile was captured by security
agents early on in 2000. He is reported to have been tortured before being
transferred to Zara hard labour detention centre. He has never been
charged with any offence. Eritrean Justice Minister Foazia Hashim wrote
to the Committee to Protect Journalists (CPJ) on 15 June 2001 claiming
that five of the fifteen initially reported as missing were employed with
non-governmental organisations or local publications and that “the
remaining journalists are performing their obligations in the National
Service Program.”
*All are still missing presumed imprisoned or forcibly conscripted as of
30 June 2004. Honorary Members: Ghanaian PEN
Case closed
Saleh AL-JEZAERI: a newspaper and television journalist, has been
reported to have been arrested in February 2002, apparently for advocating
more Arabic-language items in the Eritrean media, and for criticising
the government’s for not giving Arabic official status alongside
Tigrinya and English. *No further information as of 30 June 2004. Case
closed.
ETHIOPIA
Main case
Tewodros KASSA
Profession: former editor-in-chief of the weekly newspaper
EthiopSentenced: two years’ imprisonment Date of sentence: 10 July
2002 Expiry of sentence: 9 July 2004

Details of trial: sentenced on 10 July 2002 on charges of disseminating
false information. Kassa was found guilty of “fabricating information
that could incite people to political violence” and that he had defamed a
“Mr Duki” by “disseminating false information through the newspaper”.
The charges related to three Ethiop articles published in 2001. He began
his sentence immediately. Tewodros Kassa was first imprisoned in June
2000, again for allegedly fabricating information that could incite people
to political violence, a charge for which he served a one-year term.
Honorary Member: English PEN.
Melese SHINE: editor-in-chief of the weekly Ethiop, has been charged
with publishing and disseminating an article defaming the head of
government, and the publication of an interview with an alleged member
of an illegal group. The charges relate to two 1993 Ethiop articles entitled,
“Who is Meles Zenawi,” and, “Overthrow of power through the gun
will continue.” Shine had previously been released on 7 January 2001 on
bail of 10,000 birr on charges of “endangering national security by
disseminating false information nationally”. Also was held in custody
from 20 March to 25 June 2002 when he was released on bail. Rearrested
on 29 April 2003 and charged with defaming Melkamu Gettu,
the administrator of the Ras Desta Hospital, whom an Ethiop article had
accused of embezzlement. Shine remains in custody awaiting further
hearings having reportedly been refused bail.
Investigation
Awol KEDIR, Arif Abdul KADIR, and Yusuf GETACHEW:
managing editor, publisher, and editor-in-chief respectively of the
weekly Al-Nejashi, were handed down one-month prison sentences for
“defamation” on 20 August 2003 by a Sharia Court. They were also
ordered to pay fines of between 600 to 1000 birr (approx. US$70-120).
The three were arrested on 18 August and appeared in court the next day
to face charges stemming from a 6 June 2003 Al-Nejashi article entitled,
“The marriage of Oustaz Kassim has become a topic of debate.” The
piece highlighted an alleged contretemps at the wedding between the
bride’s parents and the groom. The journalists were apparently not
afforded the chance to defend themselves during the two-day trial. The
fact that their case was heard in a Sharia Court was also highly irregular
in that Press Proclamation 34/85 states that such cases should be heard
by the Federal High Court. Thus the detention of the three journalists
would appear to have violated Ethiopian law. It is presumed that they
have now served their sentences and been released. WiPC investigating.
Sentenced
Arega WOLDE KIRKOS: editor–in–chief of the newspaper and magazine
Tobbia, was charged on 21 June 2004 with “issuing and publishing
in his newspaper and disseminating an article which defames the good
reputation of the Ethiopian Health, Nutrition and Research Institution”
and given a 5000 birr (c. US$600) fine. Since he was unable to pay the
fine he was immediately detained. It is not clear whether Wolde Kirkos is
still being held. The charge stemmed from a September 2000 Tobbia
article. The case has been making its way through the courts since then.
The journalist apparently faces two further charges relating to Tobbia
articles. Previously summonsed in November 2001 and advised that that
press charges had been filed against him at the Federal High Court. Ayele
was charged in March 2002 at the Federal High Court with defaming the
Ethiopian Electric Power Corporation. The charges related to the publication
in Tobbia in July 1999 of an article entitled “The Ethiopian
Electric Power Corporation has been neglected”; and an August 1999
article entitled “Employees of the Ethiopian Electric Power Corporation
are protesting”. He was released on bail of 1,000 birr (approx. US$120)
and his case was adjourned until June 2003 and again until October 2003.
Presumed to have been adjourned to 2004.
On trial
*Henok ALEMAYEHU: editor-in-chief and publisher of the defunct
Amharic weekly Medina, appeared before the 3rd Criminal Bench on 14
January 2004. The journalist was charged with “defamation” in connection
with a satirical article critical of Foreign Minister Seyoum Mesfin.
Medina’s licence to publish was revoked by the Ministry of Trade for
allegedly publishing pornographic pictures. The journalist subsequently
appeared at a hearing held at the 3rd Criminal Bench on 26 February
2004. He faces charges related to a July 2001 Medina article entitled
“[Prime Minister] Meles’ hand is suspected on the killing of ex-security
head Kinfe Gebremedhin”. The journalist’s source for the story was the
website Ethiopian Commentator. Alemayehu was initially detained in
November 2002 and released on bail. The case has been adjourned until
October 2004.
Shimelis ASFAW: formerly editor-in-chief of Ethio-Time, was charged
with disseminating fabricated information about the government and its
officials that could affect public opinion. The charge was based on a July
2001 article in Ethio-Time entitled, “General Haile Tilahoun removed;
Assaminew Badane detained by police at airport, his whereabouts
unknown.” Released on bail of 2,000 birr (approx. US$240). Case
adjourned until 29 May 2002. Appeared at the 5th Criminal Bench of the
High Court at the end of May 2003. Case adjourned until 4 July 2003.
*No further information as of 30 June 2004
Tigist BEHAILU (f): former editor-in-chief of the defunct newspaper
Tinkish, was charged on 4 March 2002 with defaming Ato Mengistu
Mihretu and his wife in a March 2001 article. Released on bail of 3,000
birr (approx. US$360) after spending a month in custody. Her case was
adjourned until October 2002. *Behailu appeared before the 2nd
Criminal Bench of the High Court in Addis Ababa on 18 February 2004.
The date for the final hearing was set for 23 April 2004. Behailu was also
taken to court by the individual who lent her the money with which she
paid her bail. As a result she was forced to sell some of her possessions in
order to reimburse the creditor.
*Tilahun BEKELE: editor-in-chief of the defunct weekly newspaper
Mabael, was reportedly arrested on 3 February 2004 in Addis Ababa and
taken to the 5th Criminal Bench before being released the next day. He
was apparently detained because he had declined to appear in court as
previously ordered. The date for the next hearing was set for 6 May 2004.
Bekele is being charged in connection with a 1998 Maebel article entitled,
“The church became the bunker of EPRDF [the ruling party]
forces”. However, Bekele was reportedly in prison when this article was
published.
*Merid ESTIFANOS: former editor-in-chief of the weekly Amharic
newspaper Satenaw 1) appeared in court on charges of “defamation” in
February 2004 and on 2 April 2004 in connection with a 5 June 2001
Satenaw article entitled, “Foreign Minister Seyum Mesfin isolated
himself from the ruling party.” Estifanos was first arrested for questioning
on 1 January 2004 and held for ten days before being released on
bail. He was detained immediately following his 2 April court hearing
where he also discovered he was being charged with 2) having defamed
Prime Minister Meles Zenawi. Despite the fact that Estifanos apparently
presented a document attesting to the fact that he had been unable to
appear at an earlier hearing due to illness, the court quadrupled his bail
from 1000 Birr (c. US$120) to 4000 Birr (c. US$480) on the grounds of 9

10
the earlier non-appearance. Since Estifanos was unable to raise this sum,
he was sent to the central prison in Addis Ababa. He finally raised bail on
21 May 2004 and was released. The latter charge stems from a
September 2001 Satenaw opinion piece entitled, “The Hidden Agenda of
Prime Minister Meles,” which accused the Prime Minister of being a
supporter of Eritrea. Estifanos appeared before the 2nd Criminal Bench
of the Federal High Court on 29 June 2004 and the case was adjourned
again until 6 August 2004.
Wesenseged (or Wondwossen) GEBREKIDAN : editor-in-chief of the
newspaper Ethiop, was summoned on 19 November 2001 to the Central
Investigation Office (Makelawi) and advised that charges had been filed
against him at the Federal High Court under the country’s press laws.
1) On 8 March 2002, Gebrekidan was charged with “disseminating fabricated
information that could affect public opinion”, The charge stems
from an article entitled “Prosecutor and Police Under Tension” in which
it is alleged that Gebrekidan falsely reported that there were three types
of police force, and that he stated that “the organisation of the prosecutor
(Ministry of Justice) is ethnically-based”. He was released on bail of
2,000 birr (c. US$240) and his case was adjourned until 4 May 2002. 2)
A further press law charge was filed on 14 May 2003 in connection with
his alleged defamation of former ambassador Habtemariam Seyoum.
Gebrekidan had dismissed Seyoum’s claims regarding his own diplomatic
efforts during the war with Eritrea. Gebrekidan was arrested and
released on bail of 2,000 birr. 3) On 9 October 2003, Gebrekidan was
summoned to appear at the Central Investigation Department. He was
accused of “disseminating fabricated information” in the 9 April 2003
Ethiop article entitled, “National Military Service Proclamation
promptly approved.” Apparently, the article referred to the “National
Military Service Proclamation” instead of the “National Reserve Army”.
The journalist made a statement and was released on Birr 5,000 (c.
US$600). It is unclear whether the case will be taken to the Federal High
Court. *4) On 27 February 2004 Gebrekidan was charged yet again – on
this occasion with “defamation” at the Third Criminal Bench for
comments made in the Ethiop back page column ‘If I were to come to
power one day’. The case was adjourned until February 2005.
Befekadu MOREDA: publisher and editor-in-chief of the weekly
Tomar, appeared before the Third Criminal Bench of the Federal High
Court on 8 April 2003 charged with defamation of Gizaw Tekle Mariam,
a cement factory manager. Moreda had published an article on 1 April
2002 entitled, “How come the Cement Factory has no owner?” Moreda
was released on bail of 2,000 birr (approx. US$240) and his case was
adjourned until 30 May 2003.
*No further information as of 30 June 2004.
*Abrham RETA ALEMU: editor of the weekly Amharic newspaper
Addis Admas and formerly editor-in-chief of the defunct Amharic
weekly Ruh. 1) was charged with “defamation” in February 2004 and 15
March 2004 in connection with articles concerning the Awash bank and
insurance company which appeared in Ruh in June and July 2000. The
journalist claimed that the setting up of the company had been awash
with irregularities. The case has been adjourned until 25 July 2004. 2)
Further charges relate to the alleged defamation of former Prime Minister
Tamrat Laine, current Prime Minister Meles Zenawi, and the former
Foreign Economic Co-operation Minister Dr Abdulmejid. Court
proceedings relating to the latter charges have been adjourned until
December 2004.
*Leul SEBOKA: editor-in-chief of the weekly newspaper Seife, was
charged at the 5th Criminal Bench of the Federal High Court on 12 May
2004 in connection with an article entitled, “Oromia shall be independent.”
Seboka is to be tried for “inciting people to forcibly break away a
region that has been constitutionally established”. The journalist was
released on bail of 500 birr (c. US$60). The case has been adjourned until
12 July 2004.
Fled
*Sileshi WOLDEYES, Mengistu WOLDE SELASSIE and Suleimian
MOHAMMED: editor–in–chief of the Tobbia newspaper, former
editor–in–chief of the Dagim Wonchif newspaper, and editor of the
government-controlled Berissa newspaper respectively, were all reported
in March 2004 to have fled Ethiopia. Wolde Selassie was reported in
June 2003 to have been charged in connection with three Dagim Wonchif
articles. He was released pending trial at the 3rd and 4th Criminal Bench
of the Federal High Court.
Case closed
Asheber BEKELE: journalist with the Amharic weekly Genanaw, was
reportedly arrested at his house 24 April 2001 along with other individuals
suspected by the police of having taken part in riots. His whereabouts
are unknown although it is suspected that he is being held at
Addis Ababa police headquarters. *No further information as of 30 June
2004. Case closed.
GABON
Investigation
*Alfred NGAMBA: journalist with the bi-monthly newspaper Le Nganga
was arrested and detained on 8 March 2004. He was reportedly charged
with libelling a medical doctor in an article he wrote for the paper. The
doctor concerned is also the director of a well-known non-governmental
organisation in Libreville. The article was about a rival of the doctor who
allegedly purposely damaged the doctor’s vehicle. The incident was
apparently well-known in Libreville and was before the courts. WiPC
seeking further information.
GAMBIA
Investigation case
*Lamin Waa JUWARA: opposition party leader, was sentenced to six
months’ imprisonment on 16 February 2004 following the publication in
The Independent on 21 September 2003 of an article he wrote in which
he called for Gambians to take to the streets to protest against the government.
Juwara was charged with sedition. He has appealed against the
sentence. WiPC investigating if the original article did indeed constitute
an incitement to violence.
Death threats
*Alagi Yorro JALLOW: managing editor of the twice-weekly The
Independent, received a letter dated 13 January 2004 in which he was
threatened with “elimination” by a group calling themselves the Green
Boys if he continued to publish stories about the majority leader of the
National Assembly, Baba Jobe. Police apparently promised to investigate
the incident then have proceeded to do nothing about it. (Also see Jallow
below)
Brief detention
*Alagi Yorro JALLOW and Abdoulie SEY: managing editor and editorin-chief
respectively of the twice-weekly The Independent, were report-

edly detained on 2 February 2004 and questioned about an article in the
30 January 2004 edition of The Independent regarding the ownership of a
prestigious hotel. Jallow was reportedly summonsed to Mansakonko
Police Station. When he arrived there he was taken to Bundung police
station where he joined Sey who was already being held there. They were
then taken to Serrekunda police station for questioning before being
released. Ironically, in January 2004, Jallow appealed for police protection
in the wake of repeated death threats and an arson attack on the
offices of The Independent in October 2003. To date, the request has been
denied.
Attacked
Staff at The Independent: a bi-weekly Banjul-based newspaper, have
been the subject of constant harassment by the authorities since 1999, the
latest example of which was an attack on the newspaper’s offices on 18
October 2003. A group of unidentified individuals, reportedly armed
with tear gas and petrol, attacked the newspaper’s security guard before
setting light to The Independent’s offices, causing severe damage. To
date, no arrests have been made and there is no evidence that the police
are investigating the attack.
*In the early hours of 13 April 2004, the building housing The
Independent’s printing press in Banjul was attacked by six armed men.
After firing shots into the building, the men poured petrol over the
presses and set them alight. They also attempted to force several
employees to remain inside the burning building. Although they
managed to escape, four of them, including an Independent
journalist/press manager, Namorry Trawally, were hospitalised with a
variety of injuries. The press and sundry printing equipment were
destroyed in the attack. *To date, no arrests have been made in connection
with the attack despite the wealth of evidence handed to the police
by Independent staff including a gun used in the assault which was
dropped by one of the attackers. The Independent’s own investigations
into the arson have drawn the conclusions that the assailants were led by
Sheriff Guissy [Sheriff is a first name rather than a rank] of the Gambian
Army and that another member of the group was a Corporal Sana
Manjang.
GUINEA
Case closed
Boubacar Yacine DIALLO: journalist and founder of L’Enquêteur, was
arrested on 19 December 2002 in connection with an article alleging that
the army inspector-general had resigned. Case closed due to lack of
further information.
IVORY COAST
Disappeared
*Guy-André KIEFFER: writer and independent reporter who holds joint
French and Canadian nationality, disappeared on 16 April 2004. Keiffer
was last seen at approximately 1pm on 16 April 2004 at a shopping
centre in Abidjan and has made no contact with anyone since that time.
His mobile phone has been switched off and his car has also disappeared.
Background: The journalist and writer, who has lived with his family in
the Ivory Coast for several years, is the Abidjan correspondent for the
French publication La Lettre du Continent and contributes occasionally
to several magazines. He also reportedly writes for the Ivoirian press
under a pseudonym and is collaborating on a book with Louis-André
Dacoury-Tabley, who is the foreign affairs coordinator for the
Mouvement patriotique de Cote d’Ivoire (Patriotic Movement of the Cote
d’Ivoire – MPCI). In addition to his work as a journalist and writer,
Keiffer has also worked as a cocoa and coffee trade expert for a firm of
consultants and has conducted numerous investigations into the coffee
and cocoa sectors, some of which have exposed corruption.
Investigation into disappearance: Following the Kieffer’s disappearance,
rumours circulated in the Ivory Coast that the body of a white man
has been found in a suburb of Abidjan. Michel Legré, the brother-in-law
of President Gbagbo’s wife, Simone Gbagbo, was reportedly the last
person to have seen Kieffer before his disappearance. In two interviews
that he gave to the French examining magistrate Patrick Ramael, he
named at least eight people whom he said were involved in the kidnapping
of Kieffer. On 21 May 2004 Ramael wrote to the state prosecutor in
Abidjan complaining that that his requests to interview the witnesses
named by Legré ‘were getting nowhere’ and complained of a ‘total block
on his investigations’. According to Legré, several men snatched Kieffer
from the car park of an Abidjan commercial centre, bundled into a green
four-wheel drive vehicle that took him to a military camp on the orders of
Partrice Bailly, editor of presidential security. On 28 May 2004 Legré
was charged with ‘accessory to kidnapping’, ‘unlawful confinement’ and
murder. He was also charged with defamation. Non-governmental organisations
such as Reporters without Borders (RSF) are accusing the judicial
authorities in the Ivory Coast of making a scapegoat out of an
accomplice ‘to avoid going after those who are really responsible’. RSF
stated on 1 June 2004 that ‘either the judicial authorities have acquired
new information in the case that that they are not sharing with the French
investigating judge Patrick Ramael, or they have simply decided to
charge the key witness in the case, rather than questioning the other
persons named by him, as Ramael demanded’.
Main Case
*Gaston BONY
Profession: Publication director Sentence: Bony, of the weekly newspaper
Le Venom and principal host of a local radio station, was sentenced
to six months imprisonment with no parole on charges of defamation on
31 March 2004. Bony was also fined 500,000 CFA francs (approx.
US$920). The sentencing stemmed from the publication of an article
which implicated the Mayor of Agboville in the misappropriation of
funds which were intended as a grant for a radio station. Bony is incarcerated
in Agboville prison and according to reports made in April 2004,
Bony has allegedly been receiving death threats from the Mayor of
Agboville and those close to him. Health Concerns: A hunger strike
carried out by Bony in protest at his detention has reportedly led to a
serious detention in his health and he can now only walk with great difficulty
and with the aid of a stick. Prison Conditions: the publication
director is reportedly being detained in appalling prison conditions and is
sharing a tiny cell with four others.
Brief detention/Attacked
*Danielle Sylvie TAGRO (f) and Thierry GOUÉGNON: reporters with
the private daily newspaper Le Courrier d’Abidjan were reportedly
detained by the minister of technical education on 16 January 2004 at a
student demonstration in the ministry. Tagro was assaulted.
Attacked/Death threat
*Dembélé AL SÉNI and Agbola MESMER: reporters with the proopposition
daily newspaper Le Patriote were attacked along with their 11

12
colleague Kady Sidibé (f), a photographer, while they were covering a
demonstration which took place on 25 March 2004 when thousands of
people marched in the streets of Abidjan to protest the president’s alleged
failure to fully implement the January 2003 Marcoussis peace agreement
between the rebels and the government. The protests, which left at least
25 dead, were described by the president as an insurrection designed to
‘undermine the foundations of the state’. Al Séni, Mesmer and Sidibé
were arrested whilst they were observing the protests, after they identified
themselves as journalists. They were taken to the local police station
where they were reportedly detained and severely beaten before being
released. Sidibé was also reportedly threatened with rape and death.
They were treated at hospital but were unable to return to work after the
attack.
Attacked
*Thibault GBEI: reporter with the privately-owned newspaper
L’intelligent d’Abidjan, was reportedly assaulted by a group of police
officers on 6 May 2004. Gbei was severely beaten and lost a great deal of
blood as a result of the attack. According to reports received by PEN, the
incident took place at the University of Cocody’s main campus in
Abidjan where the journalist had gone to investigate allegations of police
brutality against students the previous day.
*Guira SAFI: copy editor for the private pro-opposition daily newspaper
Le Liberal Nouveau, along with his colleagues on the same newspaper
Soumahoro Vamara and Kone Malick, driver and webmaster respectively,
were attacked by police officers on 25 March 2004 as they were
returning home from work. They were stopped at a roadblock and interrogated
and when they said that they worked for Le Liberal Nouveau they
were beaten. Safi and Vamara were later taken to hospital for treatment.
They were released from hospital on 28 March but at that time were
unable to return to work.
*Charles SANGA and Frank KONATÉ: reporters with the daily newspapers
Le Patriote and 24 Heures respectively, were beaten up by presidential
guardsmen in Yamoussoukro on 31 January 2004, when they
came to the defence of their colleague Ibrahim Diarra, photographer
with Le Patriote. Diarra was taking photographs of security agents when
they stopped him and asked him who his employer was. They then
searched through his personal documents and found a letter by him in
which he mentioned an incident that took place when he covered a press
conference of the Mouvement patriotique de Cote d’Ivoire (Cote d’Ivoire
Patriotic Movement - MPCI) a former rebel group). The soldiers then
accused Diarra of being an assailant and beat him up. Diarra was treated
for injuries to his head and genitals at the Treichville (Abidjan)
University hospital.
Harassed
*Emmanuel KONAN: Daloa correspondent with the newspaper
Fraternité Matin, was summoned on 11 February 2004 by a local military
official and his material was confiscated.
Threatened/Fled
*Youssouf SYLLA and Mohammed DIALLO: correspondents with
Fraternité Matin in Bouaké, were forced to flee in mid February 2004,
under escort, following threats made to them by local officials.
KENYA
On trial
David MAKALI, Tom MSHINDI and Kwamchetsi MAKOKHA:
Sunday edition editor, managing director and associate editor respectively
of the East Africa Standard, were all detained briefly by police on
29 September 2003. David Makali now faces a maximum prison
sentence of three years on charges of theft of a videotape. The three men
were summonsed to appear at a Nairobi police station on 29 September
to reveal the sources for an East African Standard article by Makali
published the day beforehand. The piece had included leaked excerpts
from an alleged confession to police by the suspected murderer of
Crispin Odhiambo Mbai of the Constitutional Review Conference. The
article also stated that some of the murder suspects had accused a
member of President Kibaki’s governing coalition as the man who organised
the murder. Mshindi and Makokha were released after six hours but
Makali was kept in police custody overnight. All three refused to reveal
the sources for the article. Makali and a policeman were subsequently
charged with stealing a videotape that was the property of the police and
which contained footage of the alleged confessions. The first hearing was
held on 1 October. Makali pleaded not guilty. The journalist’s article
refers only to a police report and makes no mention of a videotape.
Makali was released on bail. A further hearing was held on 8 December
2003. The police, having discovered by then that they had the videotape
in their possession, changed the charge to that of stealing a duplicate of
the tape. Makali has stated that no such duplicate ever existed. Three
witnesses testified in a hearing on 6 January 2004 and the case was
adjourned until 13 February 2004. *No further information as of 30 June
2004.
Brief Detention
*Ndirangu KARIUKI: publisher of the News Post, was reportedly
arrested on 10 January 2004 during a police crackdown on the so-called
‘alternative press’. The Kenyan government has deemed this sector of the
print media illegal on the grounds that such newspapers, including News
Post, violate the law governing “registration, execution of a bond and
making returns”. Kariuki was released the same day.
LIBERIA
Trial pending
*Philip MOORE Jr., Adolphus KARNUAH, and Robert KPADEH
Jr.: editor-in-chief, managing editor and sub-editor respectively for the
newspaper Telegraph, were arrested on 16 January 2004, taken to the
Monrovia Magistrates Court, and charged with “criminal malevolence”
before being released on bail. Rennie Moses and Rudolph Gborkeh,
former Telegraph business manager and chief reporter respectively, were
charged in absentia. The charge, which allows a maximum one-year
prison sentence, stemmed from a 30 December 2003 Telegraph article in
which it was claimed that National Security Minister Losay Kendor had
embezzled US$15,000.
Attacked
*Mike JABETEH: reporter with the newspaper The Analyst, was reportedly
severely beaten in Tubmanburg on 9 February 2004 by a member of
the Liberians United for Reconciliation and Democracy (LURD) rebel
group. Jabeteh was also relieved of a tape recorder and some money in the

assault. The journalist had been covering the voluntary disarmament of
LURD forces in the area. His assailant, known only as Number 7, apparent
accused him of defaming the LURD chairman in previous articles.
Fled/due to return
Charles JACKSON, Abass DULLEH, Victor HARRIS, Joseph
JUBOR, David KORVAH, LeRoy S. NYAN, and Hisenburg Q.
TOGBA: all former staff at the newspaper New Democrat. *Having
spent nearly four years in exile in Ghana, six of the seven journalists are
planning to return to Liberia in July 2004 after assessing that, with the
removal of former president Charles Taylor, it is now safe to do so.
Charles Jackson has gained a fellowship to a university in the United
States.
MOROCCO
Investigation
*Anas GUENNOUN: director of the weekly newspaper Al Ahali, was
sentenced to a ten month prison term (with no parole) on 2 April 2004 for
‘defamation’. The sentencing stems from an article written by the journalist
which allegedly defamed a politician. The journalist was due to
appear in court on 21 April 2004 when he will face a second charge of
defamation which is linked to an article he wrote in 1999 about the
private life of the governor of Tangiers. Honorary Member: English
PEN WiPC investigating.Investigation
*Anas TADILI: editor of the weekly newspaper Akhbar al-Ousbouaâ,
was sentenced to six months’ imprisonment for ‘defamation’ on 1 June
2004. Tadili was found guilty of “defamation, vilification of a government
official and spreading false news”. The charges stemmed from a 9
April 2004 Akhbar al-Ousbouaâ article about the alleged homosexual
activities of a government minister at a holiday resort. The minister was
not named but the inference taken by the finance minister was that the
article was about him. He apparently pressurised the justice minister,
Mohamed Bouzoubaa, into taking legal action against Tadili. Tadili was
arrested in Rabat on 15 April 2004 and held in custody until his trial. He
was due to face further defamation charges in court on 15 June 2004. The
journalist also received a 10-month prison sentence on charges relating to
foreign exchange regulations. WiPC investigating.
Death threat
*Mohammed El-BRINI: editor of Al-Ahdath Al-Maghribia, Morocco’s
main Arabic-language national daily, received on 5 January 2004, a letter
bomb made to resemble a new year’s message. El-Brini was not injured
by the letter bomb as it was taken to the police because the package
looked suspicious. The newspaper Al-Ahdath Al-Maghribia, which is
close to the Socialist Party, has reportedly received repeated threats by
post and email.
Expelled
*Tor Dagfinn DOMMERSNES: journalist with the Norwegian daily
newspaper Stavanger Aftenblad was arrested along with his colleague,
photographer Fredrik Refvem, on 16 June 2004 after they were declared
‘personae non gratae’. Although the journalists had press visas and
permission to take photographs, they were arrested in their hotel room
early on 16 June by security services agents on the grounds that were
‘breaking Moroccan law’. Although the agents did not specify an
offence, one of the agents reportedly mentioned the journalists had been
reporting on the disputed Western Sahara, which is controlled by
Morocco. The journalists were taken from the hotel to a central security
station in Rabat from where Dommersnes was permitted to call his editor
and the Norwegian ambassador in Morocco, who attempted to intervene
on the journalists’ behalf. They were the taken by two officers on a train
from Rabat to Casablanca and on to the airport. The officers then made
sure that the journalists were put on a flight to Paris.
Released
Mustapha ALAOUI: managing director of the newspaper Al Ousboue,
was handed down a one year suspended prison sentence on 11 July 2003.
He had been arrested on 5 June 2003 following the publication of a letter
in Al Ousboue from an unknown organisation which claimed responsibility
for three of the five bomb attacks in Casablanca. The prosecutor
claimed that the publication of the letter was a “flagrant violation of
criminal law provisions, especially those in the law on the struggle
against terrorism”. Alaoui was released after been given a royal pardon
on 7 January 2004
Mohammed EL HOURD and Abdelmajid Ben TAHER: publisher
and editor respectively of the weekly newspaper Al Alsharq were
sentenced on 4 August 2003 to prison sentences of three and one year in
prison respectively for “incitement to violence”. El Hourd and Taher
were released on 7 January 2004 following a royal pardon.
Ali LMRABET: editor of the weekly newspapers Demain Magazine and
Douman was sentenced to a three year prison term (reduced from four
years on appeal) on 21 May for “insulting the person of the king”,
committing an “offence against the monarchy” and “an offence against
territorial integrity”. The case against Lmrabet stemmed from articles
and cartoons which were published in regard to the annual allowance that
the Moroccan Parliament grants the royal family. Lmrabet was released
on 7 January 2004 following a royal pardon.
Mustapha KECHNINI, Abdelaziz JALLOULI and Miloud
BOUTRIKI: editor and journalists respectively of the weekly newspaper
Al Hayat al Maghribia were sentenced to prison terms of two years
(Kechnini) and 18 months (Jallouli and Boutriki) by a court in Oujda on
3 November 2003. They were accused of showing “disrespect to the
king”, “undermining the monarchy” and “inciting people to subversion”.
Kechnini, Jallouli and Boutriki were released on 7 January 2004
following a royal pardon.
MOZAMBIQUE
Brief detention
*Fabiao MONDLANE: journalist with the Niassa-based newspaper
Faisca and correspondent for the Maputo-based weekly Demos, was
arrested in Lichinga on 15 May 2004 and held for ten hours. The detention
was apparently ordered by the provincial chief public prosecutor,
Domingos Telha, who claimed that he had been libelled by a Mondlane
article that had appeared in Faisca two days previously. The piece
reported allegations by the chair of the Mozambican Human Rights
League regarding corrupt practices in Telha’s office. Mondlane was
eventually released when it was revealed that the arrest had been illegal.
NIGER
Suspended Sentence
Ibrahim SOULEY: publication director of the weekly newspaper
L’Enquêteur, was sentenced to a one-year suspended prison sentence on
13 October 2003. He was also banned from entering the capital of 13

14
Niamey for three months. Souley was charged with “inciting ethnic
hatred and regionalism” following the publication of an article in
L’Enquêteur which alleged that businessmen from eastern Niger had
complained that the government was awarding too many contracts to a
businessman from the west. Souley was accused of criticising the misappropriation
of funds in the handling of government contracts. Souley was
arrested on 13 September and was detained by the Criminal Investigation
Department (CID) for more than three weeks prior to being sentenced on
13 October 2003. Souley was held for two days without visiting rights
before being transferred to Niamey Prison on 16 September 2003.
Facing trial
Mamane ABOU, managing editor of the weekly newspaper Le
République, was handed down a four-month suspended prison sentence
on 23 December 2003 at an appeal hearing. He also received a fine of two
million CFA francs (approx. US$3,780) for defaming former finance
minister Ali Badjo Gamatié and current Prime Minister Hama Amadou.
This ruling replaced a previous six-month prison sentence which had
been handed down to Abou in absentia on 7 November 2003. He had
also received a fine of 300,000 CFA francs (approximately US$525) and
had been ordered to pay 100 million CFA francs (approximately
US$17,500 in damages and interest for “defamation”. The sentences
stem from an accusation that Mamane Abou had published confidential
Finance Ministry documents indicating that the finance minister had
misappropriated funds. The court had not followed normal procedures in
the initial court hearing. In addition to sentencing the journalist in
absentia, his lawyers had not been informed of the decision against their
client. 2 Abou was detained in December 2003 pending a second charge
brought against him by the Prime Minister for “conspiring with an
employee of the Public Treasury to steal, and for the receipt of (stolen)
confidential documents” On 6 January 2004, Abou was released on bail
by the court of the criminal appeal in Niamey which overturned the
provisional detention order of 23 December for the second criminal
charge. He now faces court proceedings in regard to the second charge of
stealing confidential documents. *WiPC investigating.
NIGERIA
On trial
Osa DIRECTOR, Chucks ONWUDINJO and Janet MBA-
AFOLABI (f): editor-in-chief and executive directors respectively of the
news magazine Insider Weekly, were reportedly arrested in Lagos on 24
November 2003 in connection with an article in that day’s issue of the
magazine. The three were charged with “sedition” and “criminal defamation”
before being released on bail of N200,000 (c. US$1,515) two days
later. Insider Weekly had carried a report in which it was claimed that
Vice President Abubakar Atiku and General Aliyu Muhammed Gusau
(ret.), National Security Advisor to President Obasanjo, were involved in
corrupt oil dealings. The three are due to appear in court again on 12
January 2004. *No further news as of 30 June 2004.
Facing trial
Ben ADAJI: Taraba state correspondent for The News magazine, was
arrested on 21 July 2003 apparently in connection with an article in
which he exposed alleged corruption and violation of the rights of prisoners
by Taraba State Police Commissioner, Nwachukwu Egbochukwu.
He was sent to Jalingo prison on 22 July but released two days later.
Adaji was also briefly detained on 29 May 2003 on charges of libel that
are still pending. *No further news as of 30 June 2004.
Kayode FASUA and Tunde AJAYI: editors of the newspapers Contact
and Class respectively, were reportedly arrested in Ado Ekiti, Ekiti state,
on 26 November 2003. The detentions were made in connection with an
article that appeared in the newspaper Ekiti Razor, copies of which Fasua
and Ajayi were on the point of distributing. The article allegedly “disparaged
the reputation” of state governor Ayo Fayose and contained
“inciting information that could jeopardise peace and order in the state”.
The two apparently face undisclosed charges alongside two Ministry of
Justice officials arrested at the same time. Both Fasua and Ajayi are free
pending trial. *No further news as of 30 June 2004.
Lawson HEYFORD: reporter with The Source magazine, was reportedly
arrested by police in Port Harcourt on 22 August 2003 and held for
four days. He was interrogated about an article he had written concerning
inter-tribal disputes in which several people were killed. The journalist
named a number of people he believed were responsible for the killings.
The local police commissioner, Sylvester Araba, has reportedly stated
that Heyford faces criminal charges in connection with the article. *No
further news as of 30 June 2004.
Brief detention
*Tony ELUEMUNOR: Abuja bureau chief for the Daily Independent,
was questioned by State Security Service (SSS) officers at their headquarters
on 12 January 2004, following the publication on 8 January of
an article that suggested that the presidency was linked with an alleged
plot to remove Anambra State Governor Chris Ngige from office.
Eluemunor was apparently not allowed to have his lawyer present during
the interrogation, during which he was ordered to reveal his sources for
the story. The journalist refused to do this and was eventually released
the same day with orders to return for further questioning the next day.
Attacked
*Tajudeen SULEIMAN: correspondent for the newspaper The Punch,
was reportedly assaulted on 4 May 2004 by policemen guarding the
entrance to the Enugu Appeals Court. The order to attack Suleiman was
apparently given by the Divisional Police Officer in charge of the New
Haven police station, Alex Madubuko, after the journalist had insisted on
his right to report on events taking place inside the court. Suleiman has
issued a formal complaint regarding the incident.
Deported
*Silvia SANSONI (f): freelance reporter, was arrested in Lagos on 19
February 2004 and expelled from the country the same day. Sansoni, a
US/Italian national, was working for the UK-based weekly magazine The
Economist. She was accused of breaking immigration laws even though
she had a valid visa at the time of her arrest.
Case closed
Dr. Onukaba ADINOYI-OJO and Tunde IPINMISHO: managing
director of the Daily Times and editor of the Sunday Times respectively,
have been taken to court by Alhaji Abubakar Audu, the Governor of Kogi
State, North Central Nigeria. It was reported in April 2002 that Audu is
seeking N500million (about $5million) in damages from the Sunday
Times (the Daily Times’ sister publication). The charges come after the
newspaper published an article on the governor’s real estate acquisitions
abroad. In July 2002, an appeal court in Abuja granted an interim injunction
suspending the arrest warrant issued against Adinoyi-Ojo and
Ipinmisho. However, Adinoyi-Ojo is now also being sued for libel for

N15 billion (US$150m) by Omegabank on the grounds that a Daily
Times story on 15 July 2002 caused a run on the bank and defamed its
directors. On 12 March 2003, the Court of Appeal stated that it would
give a ruling at a later date on the appeal made by the Daily Times against
the arrest warrants issued against Onukaba Adinoyi-Ojo and Tunde
Ipinmisho. *No further news as of 30 June 2004. Case closed.
Naabirada AKPO: journalist with a newspaper in Rivers State, was
arrested whilst covering a march protesting against the results of the 12
April 2003 elections for the federal legislature. Akpo was charged with
four others of unlawful assembly and actions likely to cause a disturbance
of the peace, and released on bail. *No further news as of 30 June
2004. Case closed.
SIERRA LEONE
On trial
Paul KAMARA: founding editor of the newspaper For Di People, was
arrested on 10 October 2003 along with three printing press employees,
in connection with a 3 October article in which it was claimed that Sierra
Leonean president Ahmed Tejan Kabbah was unfit to hold office because
he had allegedly been found guilty of fraud by a commission of enquiry
in 1968. The three were charged with “seditious libel” on 11 October and
bail was set at Le 50 million (approx. US$21,400) each. Unable to pay
such a large amount, the four were held in custody at Pademba Road
Prison in Freetown. They finally raised bail on 11 November and were
released pending further hearings. On 24 November 2003, heavily armed
police reportedly raided the offices of For Di People whilst Kamara was
appearing in court. The police confiscated almost all the office equipment
including computers, desks and Kamara’s car. Kamara had previously
been arrested in November 2002 and subsequently served six months in
Pademba Road Prison on 18 counts of criminal libel for the defamation
of a judge. In October 2003 he was ordered to pay US$25,000 in
damages plus legal costs in the same case. He has been unable to pay this
sum and claims that there were gross irregularities in the court proceedings.
*The case against Kamara was still continuing as of 30 June 2004
but it is not known when a verdict might be forthcoming.
Attacked
*Sylvester SUARRAY, Junior JOHN and Austin THOMAS: reporters
and sports editor respectively with the newspaper Awoko, were reportedly
assaulted by police officers of the Operational Support Division
(OSD) on 20 January 2004. John, Thomas and Suarray were covering a
traffic accident involving a police truck and another vehicle when the
officers reportedly attacked them. Several dozen policemen followed the
journalists back to the Awoko offices and harassed members of staff. The
next day the story was published in Awoko, which allegedly provoked
several police officers to raid the newspaper’s offices and threaten to
arrest the journalists.
SOMALIA
Sentenced/prison term commuted to fine
*Abdishakur YUSUF ALI: editor-in-chief of the weekly Puntland-based
newspaper War-Ogaal, was arrested on 21 April 2004. The detention was
made in the wake of a War-Ogaal article which claimed that the Puntland
finance minister, Abdirahman Mohamud Farole, sold food in the United
Arab Emirates that had been donated by the international community for
distribution in Somalia. Abdishakur was subsequently sentenced to six
months’ imprisonment for “defamation”. However, the Somali
Journalists Network (SOJON) persuaded the court to allow the sentence
to be commuted to a fine. After deducting the forty days the journalist
had already spent in custody, Abdishakur was required to pay 2.6m
Somali Shilling (c. US$140). He was released on 1 June 2004. The journalist
suffered from malaria whilst in detention and, on his release,
complained that his arrest had been “unfair and unjust”.
Brief detention
*Abdirahman Haji DAHIR: reporter for the Somaliland daily Haatuf,
was reportedly arrested on 25 April 2004 in the city of Berbera. The
detention was apparently the result of an article penned by Dahir in
which he suggested that an argument had taken place between
Somaliland President Dahir Riyale Kahin and Vice President Ahmed
Yusuf Yassin over a possible cabinet reshuffle. Dahir is presumed to have
been released.
SUDAN
Investigation
*Salih Mahmoud OSMAN: lawyer, human rights activist and writer, was
arrested in Wad-Madani, central Sudan, on 1 February 2004. He was
reportedly interrogated at the National Security Agency (NSA) offices in
Wad Madani. He is not believed to have been charged with any offence to
date. Also reported to have been suffering from jaundice at the time of
his arrest. The motive for his detention is not known but it is believed to
be in connection with his human rights work. Osman is a well-known
human rights activist and writer and has published a number of articles
regarding the conflict in the Darfur region of Sudan. He has also offered
his services as a lawyer free of charge to those alleged to have been
victims of human rights violations in Darfur. He may have been transferred
from Wad Madani to Khartoum.
Brief detention
*Jamal ANQARA, Omar ISMAÏL, Osman HAMID, Haider ABDEL-
HAFEEZ, Kamal AWAD and Asim MOHIELDIN: general manager,
managing editor and reporters for the daily Al-Azmina respectively, were
summoned and subsequently arrested on 23 May 2004 in connection
with an article about the failure of the Sudanese economy. They were
interrogated, released on bail the next day, and ordered to report on 27
May 2004 to the prosecutor responsible for crimes against the state. Al-
Azmina journalist Ahmed Taha was also arrested on 23 May but
released without charge the same day.
*Ustaz Mahjoub Mohamed SALIH, Zohair AL-SARRAG, Mahgub
ORWA, Mohamed Latif ALI and Ahamed SIR-ALKHATIM: editorin-chief
of the daily Al-Ayam, columnist with the daily Al-Sahafa, editorin-chief
of the suspended daily Al-Sudani, columnist with Al-Ray Alaam,
and journalist with the daily Akbar Al-Youm respectively, were detained
by national security forces for several hours on 15/16 May 2004. All five
are members of a press freedom defence committee set up on 4 May
2004 and already banned by the security forces. They were apparently
arrested to prevent them from submitting to parliament a statement
signed by over 200 journalists opposing a new press law. The statement
had to be handed in by fellow journalists who had not been arrested.
Ustaz Mahjoub Mohamed SALIH: editor-in-chief of the daily Al-
Ayam, a newspaper subjected to a campaign of harassment and judicial
actions by the authorities apparently aimed at silencing the indpendent
press. Salih was arrested and imprisoned on 14 January 2004 on account 15

16
of his inability to pay Al-Ayam’s tax arrears of 90 million Sudanese
pounds (c. US$350,000). Before his arrest, Salih had been involved in
seemingly fruitful negotiations with the finance ministry with a view to
paying off the arrears in instalments. One of the reasons the editor had
been unable to pay the debt is due to the Sudanese government’s tactic of
repeatedly shutting down the newspaper. Al-Ayam remains suspended
indefinitely. Salih managed to come to an arrangement to pay the debt
and was released on 15 January 2004.
Case closed
Sid Ahmed KHALIFA: editor-in-chief of Al-Watan, was arrested on 9
November 2002 when he complied with a summons stemming from
Khalifa’s criticism of the government. Khalifa’s son, Adil Sid Ahmed
Khalifa, the deputy editor of the newspaper, was arrested on 11
November 2002 at Al-Watan’s offices. Both were held at an unknown
location. No further information as of 30 June 2004. Case closed.
TOGO
Attacked
*K. AMOUZOUVI: journalist with the weekly newspaper Le Combat du
Peuple, along with Yves Kpéto of Nana FM radio station, were assaulted
on 30 April 2004 by state security forces at the University of Lomé
campus whilst covering a demonstration by university students
concerning better living and working conditions. Amouzouvi and Kpéto
reportedly sustained severe bruises all over their bodies.
TUNISIA
Investigation case
Mohamed MOUADDA: retired professor of Arabic literature and
former leader of the opposition Mouvement des Démocrates Socialistes
(MDS), was returned to prison to serve the remainder of his eleven-year
sentence on 19 June 2001. Mouadda had been arrested on 11 October
1995 after having made public a letter addressed to President Ben Ali in
which he condemned the deterioration of the human rights situation in
Tunisia. He was sentenced in February 1996 to eleven years’ imprisonment
on charges including threatening the security of the state and intelligence
with a foreign power. He was conditionally released in December
1996 but in April 1997 Mouadda was placed under house arrest for three
months for protesting at the human rights abuses he had suffered. In
December that year he was arrested again and charged with “conspiring
to overthrow the government” and “conspiring with foreign agents” after
having travelled to Europe where he met the leadership of the unauthorised
Tunisian Islamist group al-Nahda. After his release he was again
placed under house arrest for several weeks. In September 1999 he
announced his symbolic candidacy in the presidential elections following
which he was put under house arrest. In March 2001, the former
professor had signed a joint manifesto with Rached Ghannouchi, exiled
leader of al-Nahda, in which they rejected the possible candidacy of
President Ben Ali for the forthcoming presidential elections in 2004.
*No further information as of 30 June 2004.
Investigation
Abdallah ZOUARI: journalist with al-Fajir, an unofficial Islamist publication,
was sentenced to a nine-month prison sentence for “failing to
obey an administrative decision” on 29 August 2003. Abdallah Zouari
has previously spent 11 years in jail. The journalist was one of 265 defendants
convicted by military courts in July and August 1992 on charges of
plotting to overthrow the government and belonging to the unauthorized
association the Ennahda (SW: is this the same as al-Nahda??) Islamic
Movement. Although members of Ennahda were accused by the authorities
of attempting to overthrow the government, the leadership of
Ennahda has publicly repeatedly condemned the use of violence.
Following his release on 6 June 2002, Zouari was subjected to a banishment
order and ordered to live in Zarsis, a town in the south of Tunisia,
far from his family in Tunis. On 6 June 2002 he was re-arrested for
refusing to move from his home in Tunis to Zarsis and spent several
further months in prison before being released on 6 November 2002.The
most recent arrest of Abdallah Zouari took place on 17 August 2003 in
the Ben Guerdane market (500 km south of Tunis). According to his
lawyers the banishment order allows Zouari freedom of movement
throughout the governorate of Médnine, including the place where he
was arrested. on 17 August 2003. On 18 July 2003, Abdallah Zouari was
sentenced to four months in prison for “defamation” after complaining
about being barred from using a cybercafe in Zarss. His lawyers appealed
against this conviction. Zouari has reportedly undertaken hunger strikes
during his imprisonment and has made complaints about the conditions
of his detention. *WiPC investigating.
Judicial concern
Hamadi JEBALI: editor of weekly al-Fajr (Dawn) and member of the
al-Nahda party. He was sentenced on 31 January 1991 to one year in
prison by a military court in Tunis for defamation after publishing an
article calling for the abolition of Tunisian military courts. Jebali reportedly
remained in detention beyond the expiry of his sentence and was
then sentenced to sixteen years in prison on 18 August 1992. He and
fellow journalist Abdellah Zouari were tried along with 265 members of
the Islamic al-Nahdha group and accused of attempting to “overthrow the
government with violence”. Amnesty International, who sent observers
to these trials, reported that international standards of fairness were
repeatedly breached. In the particular case of Hamadi Jebali it is alleged
that he was in prison at the time when he is said to have participated in
the “attempted overthrow” of the government. He claims to have been
tortured while in detention and to have been submitted to continued
harassment and hardship in prison. In November 1999, a large scale
amnesty of hundreds of political prisoners was declared, but Jebali was
not among those released. Jebali started a hunger strike on 15 April 2001
in protest at his sentence. This reportedly resulted in him being moved by
the authorities to the Bordj Ennadour prison as a punishment. It has been
reported that Jebali began another hunger strike on 13 January 2003. On
12 February 2003 the journalist was transferred to Habib Bougafta
hospital in Bizerte. *No further information as of 30 June 2004.
Attacked
Sihem BEN SEDRINE (f): editor of the on-line magazine Kalima,
secretary-general of the Observatory for the Defence of Freedom of the
Press, Publishing and Creation, and spokesperson for the National
Council for Liberties in Tunisia was attacked on 5 January 2004 as she
left her home to go to an internet café. She was approached by three men
in the street, the one who was unknown to Ben Sedrine, tripped her up
and beat her and insulted her. Ben Sedrine has claimed that she believes
the political police were behind the assault. Ben Sedrine has been subject
to scrutiny and harassment for a number of years including imprisonment
between June and August 2001 for appearing in a London based Arabic
TV station in an interview in which she discussed corruption in Tunisia.

Suspended Sentence/harassed
*Om Zied (Real name: Neziha Rejiba): editor-in-chief of the online
magazine Kalima and human rights activist, was given an eight-month
suspended jail sentence and fined 1,200 dinars (approx. US$1000) on 18
November 2003 for “illegal possession of foreign currency and transferring
it to an unauthorised person”.On 25 September 2003 Om Zeid was
summoned by the authorities in charge of customs investigations for
exchange offences and was accused of giving a young Tunisian 170
euros (approx. US$210). However, reports claim that she committed no
offence as the law allows a traveller one week to exchange currency after
a journey abroad. Om Zeid’s lawyers demonstrated at her trial that the
accusations against her were unfounded and that the charges were politically
motivated. The online magazine Kalima has been banned in Tunisia
since it began in October 2000 although it is still hosted abroad. Om Zied
has reportedly suffered persecution over the last two years because of her
writings on the internet and her opinions on satellite stations. On 13 July
2003 she was reportedly assaulted by unidentified men. The date for the
journalist’s appeal was set for 31 December 2003. *WiPC investigating.
UGANDA
Investigation
Vincent MATOVU: managing editor of the weekly Mazima, was
arrested on 6 January 2003 in connection with two Mazima articles
published in October and November 2002 on the civil war in the north of
the country. The editor has been charged with sedition on the grounds
that he reported that Lord’s Resistance Army (LRA) forces killed thousands
of government soldiers and captured the districts of Pader and
Kapchorwa. Matovu has denied the charge brought against him. It was
reported on 17 January that the journalist was still being held in custody
in Luzira prison. His trial was due to open on 21 January. Bail was apparently
set at 500,000 Shillings (c. US$250). WiPC seeking information as
to whether Matovu has since been able to raise this amount.
Harassment
*Andrew MWENDA and Wanyama WANGAH: reporters for the newspaper
The Monitor, were accused in January 2004 by Major Shaban
Bantariza, the spokesperson for the Uganda People’s Defence Forces
(UPDF), of being “rebel collaborators”. Bantariza claimed that because
the journalists’ contact details had apparently been found on the body of
a dead Lord’s Resistance Army commander, it proved the journalists
were involved in the insurgency. In an interview with Radio Uganda, the
major reportedly warned Mwenda and Wangah that they should defend
themselves because they were “dealing with terrorists”. Since March
2002 an “anti-terrorism” bill has sanctioned the death penalty for any
journalist publishing materials considered supportive of terrorism.
Charges dropped
Frank NYAKAIRU, Charles ONYANGO-OBBO, Joseph WERE and
Wanyama WANGAH: journalist and editors of The Monitor respectively,
were charged in October 2002 with “publishing articles that are
contrary to national security and that give comfort to the enemy” and
“publishing false information”. The action taken by the Ugandan authorities
stemmed from an article that appeared in the 10 October edition of
The Monitor. The piece claimed that a Ugandan army helicopter had
been shot down by fighters from the Lord’s Resistance Army (LRA). An
official denial of the report from the Ugandan Army was also printed in
the same edition. However, the Ugandan authorities have accused The
Monitor and the radio station Radio Monitor of supporting terrorism by
their allegedly biased reportage of the LRA, a guerrilla force currently
fighting a civil war against the Ugandan army. *On 11 February 2004 all
charges were dropped when the Ugandan Supreme Court struck down
Section 50 of the Penal Code [“Any person who publishes a false statement,
rumour or report which is likely to cause fear or alarm to the public
is guilty of criminal offence.”] on account of it being “inconsistent with
Article 29 (1) of the Constitution [“Every person shall have the right to
(a) freedom of speech and expression, which shall include freedom of the
press and other media.”]. All charges against the journalists were consequently
dropped.
ZAMBIA
Facing charges
Wilfred ZULU and Masautso PHIRI: reporter and editor respectively
with the weekly newspaper Today, could face charges of contempt of
court stemming from an 11-17 June 2003 Today article entitled, “Is Chief
Justice Sakala compromised on Nevers Mumba?” A complaint against
the two journalists was lodged at Lusaka High Court on 3 July 2003 by
Vice-President Nevers Mumba. The article claimed that President
Mwanawasa had consulted Chief Justice Salaka before appointing
Mumba as the country’s vice-president. Mumba claims that the piece
could prejudice a court case in which an opposition member of parliament
is challenging the legality of his appointment. The court was due to
rule on the case on 1 August 2003. WiPC investigating ruling.
Harassment
*Roy CLARKE: columnist for newspaper The Post, was given 24 hours
to leave the country by the Zambian government on 5 January 2004. The
deportation order stemmed from Clarke’s 1 January column in which he
made allegedly derogatory remarks about President Mwanawasa (“a
foolish elephant”) and four other cabinet ministers (“a knock-kneed
giraffe, a red-lipped snake, a long-fingered baboon and a hungry crocodile”).
Clarke, a British national permanently resident in Zambia,
appealed against the order and it was eventually quashed by the Lusaka
High Court on 26 April 2004 on the grounds that the order violated his
freedom of expression. The government (“Animal Farm”) announced
that it would appeal the High Court ruling.
Case closed
Chali NONDO: chief reporter with The Monitor, was detained briefly on
5 February 2003 at Woodlands police station on charges of “publishing
false news with intent to cause fear and alarm to the public”. He was rearrested
on 10 February 2003 and released on police bond. The charges
stem from an article in the 4-6 February edition of The Monitor in which
Nondo alleged that President Levy Mwanawasa had authorised police to
employ a witchdoctor in their bid to track down a fugitive former finance
minister wanted for “theft of public funds”. The former minister had
reportedly been using charms to evade arrest. Nondo faces a maximum
three-year sentence if found guilty. *No further information as of 30 June
2004. Case closed.
Arthur SIMUCHOBA, Calvin KALEYI and Chali NONDO: editor,
entertainment and sports editor, and chief reporter respectively at The
Monitor, were arrested by armed police in Lusaka on 21 January 2003.
The detentions were connected with an article in the newspaper’s 18 to
21 October 2002 edition in which Harry Mwanawasa, President Levy 17

18
Mwanawasa’s brother, was accused of having two suspected diamond
smugglers released in return for a bribe. The three journalists were questioned,
released the same day, and told to report at a police station the
next day. Police questioned senior reporter Douglas Hampande about
the same matter on 22 January 2003. News and business editor Mervin
Syafunko, has gone into hiding. Harry Mwanawasa has apparently
launched a civil case against the journalists and it is reported that they are
likely to face criminal libel proceedings as well. *No further information
as of 30 June 2004. Case closed.
ZIMBABWE
On Trial
*Bornwell CHAKAODZA and Valentine MAPONGA: editor and
reporter respectively with the newspaper The Standard, face charges of
violating Section 15 of the Public Order and Security Act (POSA),
namely “publishing false statements prejudicial to the State”. They were
initially arrested on 19 May 2004 and released the same day on bail of
Z$50,000 (c. US$10) each. They were re-arrested two days later and
released hours later on bail of Z$50,000 again. The charges stem from
the 16 May publication of a Standard article entitled, “The family of
slain mine boss blames government officials.” The piece claimed that the
family of Leonard Chimimba, the head of the Trojan Mine company, had
accused (unnamed) government officials of being responsible for his
murder. The two face a fine or imprisonment of up to five years if
convicted. The trial opens on 14 August 2004.
Sam Sipepa NKOMO, Brian MUTSAU, Rachel KUPARA (f) and
Stuart MATTINSON: chief executive and directors respectively of
Associated Newspapers of Zimbabwe (ANZ), were arrested on 22
September 2003 and charged under the Access to Information and
Protection of Privacy Act (AIPPA) with publishing newspapers (the
Daily News and the Daily News on Sunday) without a licence. The four
were summoned to the Central Police Station in Harare. When they
reported there they were told that they were under arrest. All four were
released on condition that they reported the next day for further questioning.
Police also demanded that a list of all newspaper staff be drawn
up and handed over. On 27 October 2003, the four were arrested again
and officially charged with publishing without a licence. Another Daily
News director, Washington Sansole, was arrested on 26 November. It is
believed that he faces the same charge. Sam Sipepa Nkomo’s niece,
Tulepi Nkomo, was arrested on the same day, apparently because police
could not find her uncle. She was released after paying a fine. Four of
ANZ’s directors have already left Zimbabwe, presumably to avoid arrest.
The charge specifically relates to an 8-page edition of the newspaper
published on 25 October after the Daily News had apparently been given
legal clearance by the Administrative Court the day before to publish
again after ruling that the government-appointed Media and Information
Commission (MIC) should not have denied the newspaper a registration
licence. Police also arrested and briefly detained 18 Daily News journalists
and staff on 25 October as they worked on the Sunday edition of the
newspaper. Police occupied the offices of the Daily News in order to
prevent it being published and only vacated the building on 21 January
2004, 12 days after a court order compelling them to vacate the offices.
On 9 June 2004, Nkomo, Mutsau, Kupara and Mattinson pleaded not
guilty to charges of publishing without a licence. The four face two
years’ imprisonment or fines of up to Z$300,000 (approx. US$60) if
convicted. The trial continues.
Bill SAIDI: an editor of The Daily News, was charged on 24 June 2003
under the Public Order and Security Act (POSA) in connection with a
Daily News article published in December 2002. The report alleged that
President Mugabe had attended a South African ruling-party congress
when in fact he was in Harare. Saidi faces a maximum sentence of one
year in prison if convicted. Saidi has claimed that he was not responsible
for the inclusion of the press agency article in the newspaper. *No further
information as of 30 June 2004.
Facing charges
Journalists and former journalists with the Daily News: 45 of whom
were summonsed to appear at a police station in the capital, Harare, on
25 September 2003. All the journalists had written for the Daily News or
the Daily News on Sunday between 1 January and 11 September 2003
and were included on a list demanded by police from newspaper executives.
They had all attempted to register as journalists under the terms of
the draconian Access to Information and Protection of Privacy Act
(AIPPA) but their applications had not been passed on to the Media and
Information Commission (MIC) because the Daily News owners,
Associated Newspapers of Zimbabwe, were challenging the constitutionality
of AIPPA in the courts. Perversely, those journalists who had not
tried to register were not summonsed. Nine journalists were charged on
25 September with violation of Section 83 of AIPPA for their failure to
register as journalists. The nine are: Luke Tamborinyoka, Pedzisai
Ruhanya, Fanuel Jongwe, Precious Shumba, Chengetai Zvauya,
Conelias Mabasa, Conway Tutani, Gladwin Muparutsa, Darlington
Makoni. Another journalist, Francis Mdlongwa, was similarly charged
the following day. They were all released after signing “warned and
cautioned” statements. The summons followed the defeat of ANZ’s
action in the High Court on 11 September and the subsequent closure of
the Daily News the following day. Police also confiscated all the newspaper’s
computers. These were returned on 20 September following a
High Court ruling but re-confiscated two days later. On 19 September,
the MIC rejected an ANZ attempt to register the newspaper. On 1
October, the following six Daily News journalists were charged under
Section 83 of AIPPA: Philemon Bulawayo, Margaret Chinowaita (f),
Kelvin Jakachira, Sydney Saize, George Muzimba and Lawrence
Chikuvira. A police spokesperson has stated that all 45 journalists will
eventually be charged under Section 83 once they have been traced by
the security services. On 16 October 2003 it was reported that another
four Daily News journalists, namely Chris Gande, Oscar Nkala, Saul
Gwakuba Ndlovu and Grey Chitika, had been charged for allegedly
practicing without being registered. *The Daily News re-initiated publication
on 22 January 2004. However, the Associated News of
Zimbabwe’s legal challenge to the Access to Information and Protection
of Privacy Act (AIPPA) failed on 5 February 2004 when the Zimbabwe
Supreme Court declared that sections 79, 83 and 85 of the Act (which
refer to the enforced accreditation of journalists by the Media and
Information Commission (MIC)) were constitutional. With journalists
fearful of being re-arrested should they continue to work for the newspaper,
the Daily News ceased publication on 6 February 2004. The MIC
further announced on 11 February 2004 that no Daily News or Daily
News on Sunday journalists would be accredited because neither newspaper
was registered with the commission. The journalists could seek
accreditation only if they found other employers or newspapers who
would pay them for freelance work.
*Iden WETHERELL, Vincent KAHIYA and Dumisani MULEYA:
managing editor, news editor and chief reporter respectively for the

newspaper Zimbabwe Independent, were arrested on 10 January 2004 on
charges of “criminal defamation” under Section 80 of the Access to
Information and Protection of Privacy Act (AIPPA). The three were
released on bail of Z$20,000 (c. US$25) each on 12 January. The charges
stem from an Independent article in which it was alleged that President
Robert Mugabe had commandeered an Air Zimbabwe Boeing 767 in
order to take his family and some aides for a holiday in Asia. Passengers
booked on the plane, which was apparently intended for a scheduled
flight to London, were temporarily stranded at Harare airport. Wetherell
(55), Kahiya and Muleya face two years’ imprisonment if convicted. On
14 January 2004, the newspaper’s general manager Raphael Khumalo
and reporter Itai Dzamara (co-author of the Air Zimbabwe article) were
summoned by police and charged with the same offence. Charges were
subsequently dropped against Khumalo.
Samuel NKOMO and Moreblessing MPOFU: chief executive officer
of the Associated Newspapers of Zimbabwe (ANZ), publishers of The
Daily News, and the newspaper’s commercial director, were charged
under Section 16 of the Public Order and Security Act (POSA) on 30
June 2003. The charge stems from advertisements carried in The Daily
News that allegedly “denigrated President Robert Mugabe”. The advertisements
were paid for by the Movement for Democratic Change
(MDC) in May in the run up to mass protests that took place in June.
Nkomo and Mpofu were both obliged to sign “warned and cautioned”
statements before being released. *No further information as of 30 June
2004.
Nqobile NYATHI (f): an editor of The Daily News, was summoned to
the Harare Central police station for questioning on 15 January 2003.
The summons stemmed from a cartoon/advertisement that appeared in
the weekly Financial Gazette in 2002 when she was editor-in-chief of the
newspaper. Nyathi was subsequently charged with contravening Section
15 (1a) and Section 16 (2a) of the Public Order and Security Act
(POSA). The cartoon, paid for by the National Constitutional Assembly
and the opposition Movement for Democratic Change (MDC), showed
President Mugabe being given a mock trial. Francis Mdlongwa, who
was also at Financial Gazette at the time of the publication of the advert
was charged under the same provisions of POSA on 11 June 2003.
Mdlongwa claims he did not see the advert before it was published
because it was dealt with by another department of the newspaper.
Nyathi was arrested again on 26 June 2003 and charged under the same
sections of POSA, this time for a cartoon that appeared in The Daily
News. The cartoon, placed by the MDC, was of President Mugabe being
pursued by a crowd of people. The caption read, “Do you recognise him:
Thief! Thief! Thief!” The wording underneath the cartoon went on to
catalogue Mugabe’s alleged crimes. *No further information as of 30
June 2004.
Case closed
Tawanda MAJONI: reporter with the Daily Mirror, was sentenced to
three months’ imprisonment and a fine of 500 Zimbabwean dollars
(US$9) on 18 September 2002. Majoni, a former policeman, was arrested
on the afternoon of 12 September as a result of a 9 September Daily
Mirror article he had written in which he claimed that Police
Commissioner Augustine Chihuri suffered health problems and was unfit
for duty. He was released after spending nearly twenty-four hours in
police cells where he claims he was threatened with a beating if he did
not co-operate. He was also questioned about his sources for his story.
Majoni was told he would be charged under section 80 of the Access to
Information and Protection of Privacy Act, for allegedly writing falsehoods.
Police later informed him that he would be charged instead under
the Public Order and Security Act. Later still, this charge changed to one
of criminal defamation. He was eventually charged with having gathered
information for the article before he had officially left the police force,
thus contravening the Police Act. Majoni has appealed against the
sentence and is free whilst the appeal process takes place. *No further
information as of 30 June 2004. Case closed.
Attacked
*Pedzisayi RUHANYA: deputy news editor of the banned Daily News,
was reportedly attacked in mid-March 2004 outside a militia base in the
town of Zengeza. About forty youths wearing (ruling party) Zanu-PF
shirts accused the journalist of spying on the base because he answered
his mobile phone while passing it. Ruhanya was apparently dragged
towards the base but told he could escape a beating if he paid them
Z$2,000 (c. US$2.50). Ruhanya only had a Z$10,000 note but happily
his would be assailants had a bag of money on them and were able to give
him Z$8,000 change.
19

20
AMERICAS
ARGENTINA
On trial
Sergio CARRERAS: reporter with the newspaper La Voz del Interior, is
facing civil and criminal charges of defamation brought by Olga Riutort,
former provincial government secretary-general and wife of the governor
of Córdoba, José Manuel de la Sota. Hearings opened on 13 March 2003.
The charges stem from a July 2002 La Voz del Interior article written by
Carreras in which Riutort was accused of having made a covert trip to
Chile in a private plane in November 2001 to collect 50 million pesos’
(approx. US$16.8M) worth of bonds which are issued in Córdoba but
printed in Chile. Carreras faces a one-year prison sentence if convicted,
and damages of 500,000 pesos (approx. US$170,000). *No further information
as of 30 June 2004.
*Eduardo Enrique PELÁEZ, Héctor Hugo ÁVILA, Ángel Enrique
SAYAGO and Julio CARRERAS, inter alia: all members of the
Santiago del Estero Press Society and the Foro de Entidades Intermedias
(Intermediate Entities Forum), are facing charges of “criminal libel” and
“insult” brought by businessman Néstor Ick. Among other assets, Ick
owns a television station, a bank and various companies with huge local
government contracts. The charges stem from an open letter published in
a newspaper by the Foro de Entidades Intermedias in March 2002. The
letter questioned Ick’s business dealings and his links with local politicians.
The trial opened on 15 December 2003.
Death threats
*Diane GAGLIANO (f): director of the newspaper Multiflores, has
reported receiving death threats from November 2003 onwards. The
threats, which were e-mailed to her, focused on her journalism, and in
particular her investigations into human rights abuses that occurred under
the most recent military dictatorship in Argentina. An alleged former
officer, Admiral Massera, was reported to be one of the signatories to the
threatening messages. Gagliano’s house is also said to have been visited
by two unidentified individuals who later e-mailed her to tell her they had
called. Gagliano has issued a formal complaint with the courts regarding
the threats.
Brief detention/threatened
*Jorge BADANO: journalist with the online news agency Indymedia
Argentina, was reportedly detained by police in Orán, Salta province, on
1 April 2004. The journalist was accompanying a Guaraní leader (who
was also detained) whilst investigating a claim by the indigenous
community at Estación El Tabacal for the return of 5000 hectares of land
they maintain was taken from them by the US company Seaboard
Corporation. The two were released after a day in detention. Badano
gave a radio interview on 5 April in which he talked about his detention.
Immediately afterwards on the same radio programme, local political
leaders stated that Badano “was demonstrating a lack of respect for the
people of the area by telling lies” and that they would “make him be
more respectful”.
*Mónica REYNOSO (f) and Jorge GADANO: journalists with the
newspaper 8.300, filed a formal complaint on 8 March 2004 regarding an
alleged threat they had received from Oscar Alejandro Gutiérrez, a
provincial legislator for the Movimiento Popular Neuquino (MPN) political
party. According to Reynoso, Gutiérrez called a colleague at 8.300,
Carlos Michel, to complain about an article Gadano (Reynoso’s husband)
had written about a mansion that Gutiérrez was building. He apparently
told Michel “I’m going to make Gadano pay,” and apparently threatened
to abuse Reynoso sexually. Gutiérrez has a record of having issued
threats to journalists in the past.
Harassment
*Staff at El Diario del Fin del Mundo (The End of the World Daily),
were put at risk when the newspaper’s offices in Ushuaia, Tierra del
Fuego province, were set on fire on 6 March 2004. The police have determined
that the fire was caused deliberately. The motives for the arson are
not known though the finger of blame has pointed at Provincial
Coordination Minister Eduardo Cóppola who has since been forced to
resign.
*Carmen MIRANDA: journalist with the daily El Diario del Fin del
Mundo and and secretary-general of the Sindicato de Prensa de Ushuaia
(Ushuaia Press Union), was reportedly questioned in the street by two
investigations branch police officers on 1 March 2004. The officers
wanted to know the addresses of other local journalists, claiming that
they wanted to protect them from attacks.
BRAZIL
Main case
Alvanir FERREIRA AVELINO: journalist with the Miracema-based
daily newspaper Dois Estados, was sentenced to ten months and fifteen
days in prison for “expressing an opinion”. Under the terms of the judgment,
which was handed down in 2001 but not carried out until August
2003, Ferreira Avelino has to spend one day a week in prison over the
course of his sentence. The journalist was arrested at his home in
Campos in the state of Rio de Janeiro on 29 August 2003 and taken to the
Carlos Tinoco da Fonseca prison to begin his sentence. The law under
which Ferreira was found guilty was passed during the military dictatorships
that governed Brazil for two decades before the resumption of
civilian government in 1985. The repressive press law, passed in 1967,
has yet to be repealed. The sentence stems from a series of libel cases
brought against the journalist in 1999 by Alexandre Mesquita, whom
Ferreira claimed had abused his position as a judge. Despite the fact that
there exists a two-year time limit on press offences, the court still refused
to waive the charges against the journalist.
Harassment
*Larry ROHTER: correspondent for the New York Times, was told by the
Brazilian Justice Ministry on 11 May 2004 that his visa was being
revoked. Rohter, a US citizen, was to be deported on account of a 9 May
New York Times article he had written about President Luiz Inácio Lula
da Silva’s alleged fondness for alcohol. The Brazilian authorities decided
that the piece offended the president’s honour. However, as of 30 June
2004, Rohter was still reporting from Brazil.
CANADA
Facing Charges
*Juliet O’NEILL (f): reporter for the daily Ottawa Citizen, had her house
raided on 21 January 2004 by officers from the Royal Canadian Mounted
Police (RCMP). The RCMP also searched the offices of Ottawa Citizen

the same day. The police were attempting to discover the source of a leak
from the Canadian government regarding the 2002 deportation from the
USA to Syria of a Syrian-born Canadian, Maher Arar. Several of
O’Neill’s journalistic effects were confiscated, such as address books and
files. On 8 November 2003, the journalist had published an article in
which it was claimed that Arar had been tortured in Syria after being
deported there, and that the RCMP believed he had links with al-Qaeda.
The police raids were made permissible by the Security of Information
Act – an anti-terrorist measure passed in the wake of the events of 11
September 2001. O’Neill could face charges under the Act which
prohibits the distribution or possession of secret government documentation.
Stephen WILLIAMS: author, is being charged with possession of a
brief belonging to the Crown (the State) in connection with a book he
published in 1996 about a triple killing. In all he faces 97 criminal
charges and a civil lawsuit. Williams was arrested by armed police on a
dawn raid on his farm on 4 May 2003 and detained overnight. In a further
raid, on 18 July 2003, all Williams’ computer equipment and diskettes
were confiscated by police, who also took a computer and diskettes
containing the text of an unrelated book being written by his wife and
fellow author, Marsha Boulton (f). Williams’ book, Invisible Darkness,
details a series of killings committed by a married couple. In the book,
Williams criticises the handling of the case by the police, Crown
Attorneys and the Office of the Attorney General of Ontario. It is
believed that the raids on the author’s house are an attempt to discover
the sources who gave him the material on which he was able to base such
criticisms. The police have yet to return any of computer equipment
confiscated even though it is normal practice to make copies of any hard
disks and diskettes and return the originals to their owners. In 1998,
Williams faced charges relating to access to Crown material in the
writing of Invisible Darkness but he was either acquitted or charges were
dropped.
CHILE
Facing charges
Alberto LUENGO and Jazmin JALILIE: director and reporter respectively
with the daily La Nación, were named on 6 October 2003 in
Santiago as co-defendants on a charge of “defamation”. The charge
stems from a La Nación article that claimed that the break-up of River
Plate striker Marcelo Salas’ marriage was due to a legal battle with his
brother-in-law. *No further information as of 30 June 2004.
COLOMBIA
Investigation
Ricardo PEREA VARGAS: a journalist with the environmental issues
magazine Regeneracción (sic), was arrested with four other individuals
by members of the National Police’s intelligence unit (SIJIN) on 30
November 2003 at a checkpoint near the municipality of Los Patios.
Perea was returning from covering the leftist Bolivarian Congress of the
People, held in Venezuela. All five were charged with “rebellion” and
“possessing materials alluding to illegal armed groups”. Police had
apparently confiscated materials referring to the Bolivarian Liberation
Forces and the Revolutionary Armed Forces of Colombia (FARC). Perea
and his companions are being held by SIJIN by order of the Los Patios
Public Prosecutor’s Office. *No further information as of 30 June 2004.
Death threats
*Carlos MORA COLLAZOS: journalist with the daily La Nación de
Neiva, was reportedly threatened by Mario Rincón Contreras on 20
January 2004 who reportedly told Mora in no uncertain terms that he was
going to kill him. The threat stemmed from an article the journalist wrote
that claimed that Rincón Contreras was the leader of a group of extortionists.
Rincón was in fact been charged with extortion in January 2004
but had claimed that he had acted out of fear.
Threatened
*Cristian HERRERA: editor of the legal section of the Cúcuta-based
newspaper La Opinión, has reported that since March 2004 he has been
the victim of harassment and assaults, and that he believes his and his
family’s lives are in danger. Herrera apparently received six threatening
calls to his mobile phone in March and April 2004. The journalist is
convinced that the threats are linked with his work on the legal section of
La Opinión. On 10 June 2004, a police officer reportedly threatened
Herrera whilst he was covering an arrest at Cúcuta airport. Legal action
was started against Herrera the mayor of Cúcuta, Ramiro Suárez. The
charge centred on a 26 February 2004 Opinión article by Herrera entitled,
“Crime plagues Cúcuta.” Suárez subsequently dropped the charges
but the journalist was still left with a hefty legal bill. The same day the
article appeared, Suárez held a press conference at which he stated,
“There are some journalists who want to turn the city back to shit . . .
journalists who are mixed up with terrorists.”
Harassment
*Carlos Alberto FRANCO and Daisy Idalia CALDERÓN (f): columnist
with the weekly Palmira Hoy, and journalist with the satirical political
magazine El Aguijón respectively, reported on 1 June 2004 that they
were among a group of nine journalists (mainly radio) who had been
threatened and harassed by former mayor of Palmira, Miguel Motoa
Kuri, and his associates. They claim that the action – which reportedly
includes attempts to silence them – is in reprisal for the allegations of
corruption they have made against Motoa Kuri. The former mayor has
admitted that an attempted assault on Franco was justified on the grounds
that he was “fed up” with the attitude of the press.
Charges dropped
Roberto POSADA (‘D’Artagnan’): columnist with the newspaper El
Tiempo, is being tried for “libel” and “insult” in connection with a 3
March 2002 column in which he opined that businessman Pedro Juan
Moreno Villa’s alleged links with paramilitaries made him unfit to run
for the vice-presidency of the country. Hearings began in August 2003.
*A Bogotá Superior Court prosecutor declared the case closed in March
2004. He ruled that because Posada had published a correction to his
article in June 2002, the matter had been resolved satisfactorily.
CUBA
Main cases
April 2003 Crackdown Trials The following 32 writers, journalists and
librarians were sentenced during one-day trials held on 3/4 April 2003
under laws governing the protection of the Cuban state. They were
arrested as part of a crackdown on alleged dissidents that began on 18
March 2003 and in which 75 people were detained. The one-day court
hearings were held behind closed doors and there was insufficient time 21

22
for the accused to put together a cogent defence. The accusations focused
on the alleged conspiratorial dealings between the defendants and James
Cason, the chief of the US Special Interests Section in Havana. Shortly
before the crackdown Cason had considerably stepped up his contacts
with Cubans who had voiced opposition to Fidel Castro. Charges All the
detained were tried under Article 91 of the Penal Code and Law 88.
Article 91 deals with charges of acting against “the independence of the
territorial integrity of the state”, the maximum penalty for which is
death. Law 88 is a catch-all piece of legislation that has been used in the
past as a means for sending writers and journalists to prison. It allows
for prison sentences of up to twenty years for those found guilty of
committing “acts that, in line with imperialist interests, are aimed at
subverting the internal order of the Nation and destroying its political,
economic, and social system.” Appeals All those sentenced lodged
appeals with the Tribunal Supremo Popular (Supreme Popular Tribunal)
in April 2003 but none were successful. However, since April 2004, four
of those sentenced have been conditionally released, seemingly for
health reasons. Background An official statement on the Cuban government
website (www.cubagov.cu) explicitly condemns the alleged actions
of James Cason and, by definition, those with whom he has allegedly
conspired. The fact that the statement goes on to mention the so-called
Five Heroes – Cuban nationals who infiltrated Miami-based anti-Castro
organisations – suggests that the arrests may also have been made as a
reprisal, and possibly as a bargaining chip to obtain their release. The
Five Heroes have been detained in the US for the last four years. [The
name in brackets after the length of sentence denotes the prison in which
each writer or journalist is being held.]
The Working Group on Arbitrary Detention of the United Nations
Commission on Human Rights has formally adopted all the cases of
those sentenced in the March 2003 clampdown..
Pedro ARGÜELLES MORÁN: director of Cooperativa Avileña de
Periodistas Independientes (Avileña Independent Journalists
Cooperative – CAPI) – 20 years (Transferred in May 2003 from Santa
Clara Provincial Prison, Villa Clara to Combinado del Este, Havana) –
sentenced under Law 88. *Argüelles (56) reported in March 2004 that he
had not been allowed visitors or medicine since November 2003. Also
reported that he was suffering from cataracts and had lost a lot of weight.
Víctor Rolando ARROYO CARMONA: journalist (Unión de
Periodistas y Escritores de Cuba Independiente) Independent Cuban
Union of Journalists and Writers – UPECI) & CubaNet) & librarian
(Reyes Magos Library) – 26 years (Chafarina, Guantánamo) – sentenced
under Article 91. On 26 May 2003, Arroyo’s wife reported that he had
been moved from his special hardship cell to a bedless punishment cell
for refusing to stand to attention in front of a prison guard. Arroyo
reported having been taken from his cell by three prison guards on 31
December 2003 and beaten about the face and body. Honorary
member: Finnish PEN
Mijaíl BÁRZAGA LUGO: journalist (Agencia Noticiosa de Cuba) – 15
years (Santa Clara Provincial Prison, Villa Clara) – sentenced under Law
88. *Reported to have suffered from conjunctivitis after a month in a
punishment cell in September/October 2003. Bárzaga is 35-years-old
and brother of well known human rights activist Belkis Bárzaga Lugo.
Honorary Member: Netherlands PEN
Oscar ESPINOSA CHEPE: economist and journalist (Cubanet) – 20
years
(Transferred in early July 2003 from Chafarina, Guantánamo to Boniato,
Santiago de Cuba). Sentenced under Articles 7 & 11 of Law 88 (“activities
against the integrity and sovereignty of the State”) and Article 91.
62-years-old. Reported to be suffering from a chronic kidney condition, a
thoracic hernia, hypertension, weight loss and a possible liver disorder.
Transferred to Guantánamo Provincial Hospital shortly after being
sentenced and thence to Ambrosio Grillo Hospital in Santiago de Cuba,
but reportedly not receiving adequate medical attention. Eventually
returned to Boniato prison. On 7 August 2003, on becoming ill again,
Espinosa was flown to the Finlay Military Hospital in Havana. *Reported
in March 2004 to be suffering from cancer. Honorary Member:
Netherlands PEN, Swedish PEN
Adolfo FERNÁNDEZ SAÍNZ: journalist (Agencia Patria) – 15 years
(Holguín) – sentenced under Law 88. Reported on 3 June 2003 by
Russian news agency Prima News to have started a 13-day hunger strike
to demand more frequent visiting rights for his relatives. Reported to
have started another hunger strike on 15 August 2003, this time with
Mario Enrique Mayo and Iván Hernández Carrillo, to demand decent
food and medicine for seriously ill prisoners. Reported to have begun a
third hunger strike on 18 October 2003 with Mario Enrique Mayo in
protest at the sending of fellow journalist Iván Hernández Carrillo to a
punishment cell. Reported to have been knocked unconscious on 6
December 2003 when he protested against violence used against a fellow
prisoner. Honorary Member: English PEN
Miguel GALVÁN GUTIÉRREZ: journalist (Havana Press) – 26 years
(Agüica, Matanzas) – sentenced under Article 91. Sentence confirmed on
3 June 2003 by the Supreme Popular Tribunal. On or around 3 August
2003, Galván (born 1965), was reportedly threatened by the Agüica
prison governor with a transfer to Guantánamo prison, over 500 miles
away from his family, if he continued passing news to the outside about
prison conditions. *Transferred in May 2004 to Block 10 of Agüica
prison which houses prisoners considered highly dangerous, including
those serving life sentences for murder. Reported that he had been transferred
to this block so that the other prisoners would kill him. Also
claimed that a prison guard was encouraging other prisoners to attack
him physically and sexually. Reported to have a physical
disability.Honorary Member: Sydney PEN
Julio César GÁLVEZ RODRÍGUEZ: freelance journalist – 15 years
(Santa Clara Provincial Prison, Villa Clara) – sentenced under Law 88.
Reported in a letter dated 21 July 2003 that he had been diagnosed as
suffering from severe cervical arthrosis. *Reported in March 2004 to
have been transferred to the Celestino Hernández Robau hospital in
Santa Clara suffering from high blood pressure and kidney stones.
Honorary Member: English PEN
Edel José GARCÍA: director of Norte Press – 15 years (Boniato,
Santiago de Cuba) – sentenced under Law 88.
José Luis GARCÍA PANEQUE: journalist (Agencia Libertad) &
librarian (Carlos J Finlay Library) – 24 years (Santa Clara Provisional
Prison, Villa Clara) – sentenced under Law 88 and Article 91. Reported
to have suffered from mental illness during his imprisonment.
Ricardo Severino GONZÁLEZ ALFONSO: president, Manuel
Márquez Sterling Journalists Society, director of De Cuba magazine, and
librarian (Jorge Mañach Library) – 20 years (Kilo 8, Camagüey) –
sentenced under Article 91. Reported in November 2003 to have developed
a nodule in his throat. González Alfonso (53) declared the start of a
hunger strike on 8 December 2003 to back up his demand that he be
transferred to a wing of his prison where he can be held with other political
prisoners rather than common criminals who he claims have
harassed him. On 14 December 2003, as a reprisal for his hunger strike,
the prison authorities moved him to a cell where the lights are never
switched off. Reportedly underwent an operation on 19 December 2003

to remove two nodules from his throat. *Reported in January 2004 not to
have received a biopsy he had been previously told was necessary.
Honorary member: Finnish PEN
Léster Luis GONZÁLEZ PENTÓN: journalist (Movimiento
Democracia) and member of human rights movement ALFA-3 – 20
years (Kilo 7, Camagüey) – sentenced under Article 91. *Reportedly
held a hunger strike with fellow prisoner Juan Carlos Herrera Acosta
from 18-22 March 2004 to mark their first year in prison. Born in
February 1977, he is the youngest of the 75 opposition members arrested
in March 2003. Transferred to from Kilo 8 prison, Camagüey, to Kilo 7
prison, also in Camagüey. Reported in June 2004 still to be held under a
“special regime” even though he had been promised by the prison authorities
that his prison conditions would be made less harsh, and that he was
suffering from constant dizziness.
Alejandro GONZÁLEZ RAGA: freelance journalist – 14 years
(Canaletas, Ciego de Ávila) – sentenced under Article 91.
Iván HERNÁNDEZ CARRILLO: journalist (Agencia Patria) and
librarian (Juan Gualberto Gómez Library) – 25 years (Holguín) –
sentenced under Law 88. Reported to have started a 13-day hunger strike
on 15 August 2003 with Adolfo Fernández Saínz and Mario Enrique
Mayo to demand decent food and medicine for seriously ill prisoners.
Reportedly transferred to a punishment cell on 17 October 2003, though
the reasons for this are not known.
Normando HERNÁNDEZ GONZÁLEZ: director of Colegio de
Periodistas Independientes de Camagüey (Camagüey College of
Independent Journalists), journalist (CubaNet) – 25 years (Kilo 5½
prison, Pinar del Río) – sentenced under Article 91 and other provisions
of the Criminal Code. Born c.1970. Reported on 5 June 2003 to be
suffering from very high blood pressure. Reported to have begun a
hunger strike in protest at prison conditions on 31 August 2003.
*Transferred from Boniato prison, Santiago de Cuba to Kilo 5½ prison,
Pinar del Río. Reported to have been held in solitary confinement since
beginning his sentence. Also reported in January 2004 to be suffering
from high blood pressure and undiagnosed heart problems, and to have
been assaulted by the prison’s Security Chief, Ramón Beúne. The prison
authorities have apparently denied both the attack and Hernández’
illness. In a letter, a fellow prisoner claimed in January that Hernandez
was in a 2m2 cell that the prison authorities had made him share with
dangerous or mentally disturbed prisoners. Moved on 25 February 2004
from a punishment cell to a more standard cell. Hernández reported in
March 2004 that his wife was stripped naked and interrogated by the
prison authorities before being allowed to visit him. Reported in the same
month to be suffering from abdominal problems. *On 7 May 2004 was
transferred to Block 8, a section housing common criminals, and was
beaten by prison guards for shouting anti-Castro slogans. Reportedly
staged a hunger strike in protest at the move the same day as his transfer,
and was sent to a punishment cell later the same month. Eventually gave
up his hunger strike, presumably after coming to some agreement with
the prison authorities over the cell in which he would be detained.
Juan Carlos HERRERA ACOSTA: journalist (Agencia de Prensa
Libre Oriental (Eastern Free Press Agency – APLO)) – 20 years (Kilo 7,
Camagüey) – sentenced under Law 88. Reported to have begun a hunger
strike in protest at prison conditions on 31 August 2003. *Transferred
from Boniato prison, Santiago de Cuba, to Kilo 7 prison, Camagüey. In
January 2004, Herrera complained of cardio-vascular problems, and the
fact that he was being held with potentially dangerous prisoners. It was
reported in February 2004 that Herrera had accused Captain Julio César
Bombino González of organising a group of prisoners to harass him and
steal his possessions. Held a hunger strike with fellow prisoner Léster
Luis González Pentón from 18-22 March 2004 to mark their first year in
prison. During the hunger strike, Herrera reportedly cut his own legs
repeatedly with a knife. The wounds required several stitches. He also
suffers from vitiligo, a complaint causing disfigurement of the skin, and
reportedly has no access to treatment for it.
José Ubaldo IZQUIERDO: journalist (Grupo de Trabajo Decoro &
CubaNet) – 16 years (Kilo 5½, Pinar del Río) – sentenced under Article
91. Sentence confirmed on 3 June 2003 by the Supreme Popular
Tribunal. Izquierdo reportedly broke his wrist in two places and required
stitches in a head wound after falling down some steps in prison whilst
handcuffed. *It was reported in March 2004 that his wife was stripped
naked and interrogated by the prison authorities before being allowed to
visit him.
José Miguel MARTÍNEZ HERNÁNDEZ: librarian (General Juan
Bruno Zayas Library), area representative for the unofficial political
group Movimiento 24 de Febrero, and involved in Proyecto Varela – 13
years (Kilo 8, Camagüey) – sentenced under Law 88.
Héctor Fernando MASEDA GUTIÉRREZ: journalist (Grupo de
Trabajo Decoro & CubaNet) – 20 years (Transferred at the end of April
2003 from Manacas, Villa Clara to La Pendiente, Villa Clara) –
sentenced under Law 88 and Article 91.
Mario Enrique MAYO HERNÁNDEZ: lawyer, journalist (chief of
Agencia Félix Varela) – 20 years (Mar Verde, Santiago de Cuba) –
sentenced under Article 91. Reported to have started a 13-day hunger
strike on 15 August 2003 with Adolfo Fernández Saínz and Iván
Hernández Carillo to demand decent food and medicine for seriously ill
prisoners. Mayo has apparently been refused medicine brought to the
prison by his wife to treat his high blood pressure and haemorrhoids.
Reported to have begun another hunger strike on 18 October 2003 with
Adolfo Fernández Saínz in protest at the sending of fellow journalist Iván
Hernández Carrillo to a punishment cell. Transferred in mid-November
2003 from Holguín prison to Mar Verde prison in Santiago de Cuba
Province, reportedly to remove him from his fellow hunger strikers.
Juan Roberto de MIRANDA HERNÁNDEZ: librarian (Padre Félix
Varela Library) and vice-president of the unofficial Colegio de
Pedagogos de Cuba (Teachers College of Cuba) – 20 years (Agüica,
Matanzas) – sentenced under Article 91. 57-years-old. Reportedly transferred
briefly to a hospital for treatment for a heart problem in April
2003. Also reported to suffer from high blood pressure and a kidney
complaint. *Reported in April 2004 not to be receiving adequate medical
attention for his high blood pressure.
Jorge OLIVERA CASTILLO: director of Havana Press – 18 years
(Chafarina, Guantánamo) – sentenced under Law 88. It was reported in
May 2003 that, due to illness, Olivera had lost 30 lbs (13 kilos) since
beginning his sentence. *It was reported in January 2004 that Olivera
(42) was being held in solitary confinement and that he was suffering
from high blood pressure, high cholesterol, and from two parasites –
jardia and E-Coli.
Pablo PACHECO ÁVILA: journalist (Agencia Patria) – 20 years
(Agüica, Matanzas) – sentenced under Law 88.
Omar PERNET HERNÁNDEZ: librarian (20 de Mayo Library, Villa
Clara) and leader of the unofficial Movimiento Nacional por los
Derechos Humanos “Mario Manuel de la Peña” (National Movement
for Human Rights) and involved in the Proyecto Varela – 25 years
(Guanajay, Havana) – sentenced under Article 91. Born c.1945.
*Reported in May 2004 to be suffering from staphylococcus in the
kidneys, an inflamed bladder and high blood pressure, and to have been
23

24
transferred to the prison wing of the Carlos Manuel de Céspedes hospital
in Bayamo, Granma province.
Fabio PRIETO LLORENTE: freelance journalist and member of the
Asamblea para la Sociedad Civil (Civil Society Assembly) – 20 years
(Kilo 8, Camagüey) – sentenced under Article 91. LLorente (born 1964)
was reportedly ordered to spend 21 days in solitary confinement in
August 2003 for having offended a state security official. *Reported in
January 2004 to be held in solitary confinement in reprisal for starting a
hunger strike in protest at being held with common criminals, some of
whom Prieto claimed were dangerous. Also reported to be suffering from
high blood pressure. Transferred from Guanajay prison in Havana to Kilo
8, Camagüey. Honorary Member: English PEN
Alfredo PULIDO LÓPEZ: human rights activist and journalist
(Agencia El Mayor) – 14 years (Combinado del Este, Havana) –
sentenced under Article 91.
José Gabriel RAMÓN CASTILLO: journalist (Instituto Cultura y
Democracia (Culture and Democracy Institute) & CubaNet) – 20 years
(Santa Clara Provisional Prison, Villa Clara) – sentenced under Law 88.
Blás Giraldo REYES RODRÍGUEZ: librarian (20 de Mayo Library,
Sancti Spiritus) and member of Proyecto Varela steering committee in
Sancti Spíritus (Proyecto Varela is a petition calling for a referendum on
legal reform with the goal of greater personal, political and economic
freedoms and an amnesty for political prisoners) – 25 years (Agüica,
Colón) – sentenced under Law 88. Honorary Member: Sydney PEN
Raúl RIVERO CASTAÑEDA: poet, director of CubaPress, co-founder
of Manuel Márquez Sterling Journalists Society, and librarian – 20 years
(Canaletas, Ciego de Avila) – sentenced under Article 91. 57-years-old.
Prior to his arrest on 20 March 2003, Rivero had signed, with other intellectuals,
an open letter to the Cuban government calling for more openness
and freedom in Cuba. For this and other alleged crimes he was
charged with “acting against Cuban independence and attempting to
divide Cuban territorial unity”, as well as with writing “against the
government”, organising “subversive meetings” at his home, and collaborating
with US diplomat James Cason. It was reported on 22 May 2003
that Rivero was being held in darkness in a cell measuring three square
metres. Awards: PEN USA West Freedom To Write Award 2003; 2004
UNESCO/Guillermo Cano World Press Freedom Prize. Reported in
August 2003 to be suffering from circulatory problems and severe weight
loss. Honorary Member: Finnish, Canadian, American, English and
USA West PEN
Omar RODRÍGUEZ SALUDES: director of Nueva Prensa Cubana –
27 years (Nieves Morejón, nr Cabaiguán, Sancti Spíritus) – sentenced
under Article 91. Reported in December 2003 to have been transferred
from Kilo 8 prison in Camagüey to Nieves Morejón. Honorary
member: Finnish PEN
Marta Beatriz ROQUE CABELLO (f): author and economist – 20
years (Manto Negro, Havana) – sentenced under Article 91. Arrested
whilst on hunger strike in support of people she considered political prisoners.
Suffers from rheumatism. It was reported on 9 June 2003 that she
had lost 30 lbs (13 kilos) in weight due to health problems including
vomiting and diarrhoea.. Roque was transferred to a hospital on 23 July
2003 suffering from chest pains and nose bleeds brought on by high
blood pressure. She was diagnosed as diabetic in August 2003. Reported
still to be in hospital in November 2003 suffering from a variety of
ailments. *In February 2004, Roque (58) wrote a letter complaining that
she was not receiving adequate medical attention in the Carlos J. Finlay
military hospital, and that she was in pain due to an untreated bacterial
complaint. Reported in April to be refusing medical attention in protest at
televised claims by government minister Felipe Pérez Roque that she was
in good health and had been receiving marvellous medical care. Previous
imprisonment: She was detained in 1997 and released in May 2000
after serving three years of a four-year sentence for her co-authorship of
a document which urged the Cuban government to hold democratic elections,
liberalise the economy and improve human rights. Honorary
Member: Finnish, Canadian and English PEN
Omar Moisés RUÍZ HERNÁNDEZ: journalist (Grupo de Trabajo
Decoro & CubaNet) – 18 years (Guantánamo) – sentenced under Article
91. Reported in August 2003 to have been transferred to a solitary
confinement cell. In September 2003, hospital doctors stated that Ruiz
was not suffering from prostate inflammation, despite the fact that a urologist
had previously declared that he was. *Transferred from Boniato
prison, Santiago de Cuba, to Guantánamo Provincial prison. Date of
transfer unknown. No longer in a punishment cell but is detained alongside
common criminals. Honorary Member: Swedish PEN
Miguel SIGLER AMALLA (also AMAYA): librarian (General Pedro
Betancourt Library) – 26 months (sic) (Matanzas) – sentenced under
Law 88. *Reported in April 2004 to have been assaulted by a ‘prison reeducator’.
Other Main Cases
Léster TÉLLEZ CASTRO and Carlos BRIZUELA YERA: director
of the Agencia de Prensa Libre Avileña (Avileña Free Press Agency), and
the Cooperativa de Periodistas Independientes de Camagüey (Camagüey
Cooperative of Independent Journalists) respectively, were handed down
prison sentences on 27 April 2004, along with Juan Carlos González
Leiva (see “Released” below). At the one-day trial, Téllez Castro was
sentenced to three years six months’ imprisonment, whilst Brizuela Yera
was handed a three-year sentence. On account of the time the two had
already spent in prison, it was believed that they would both be conditionally
released in the next few days but no confirmation of their release
has been forthcoming. González Leiva was sentenced to four years’
imprisonment but immediately given a conditional release. The three
were charged with insulting President Fidel Castro and disorderly and
disrespectful behaviour under Articles 144 and 200-1 of the Cuban Penal
Code. At the trial, it was apparently revealed that Téllez Castro was a
state security operative but that he renounced his work for the state,
stating that his experiences in prison had converted him into a genuine
dissident. Téllez Castro and Brizuela Yera had been detained since 4
March 2002 when they formed part of a group of human rights activists
who staged a peaceful protest at a hospital in support of a reporter, Jesús
Alvarez Castillo, who had earlier been assaulted by police. The Working
Group on Arbitrary Detention of the United Nations Commission on
Human Rights has formally adopted the cases of Léster Téllez Castro,
Carlos Brizuela Yera.
Jesús ALVAREZ CASTILLO, a Cuba Press journalist, faces a prison
sentence of between six to twelve months for his refusal to testify in the
trial of the six activists who protested at the hospital on 4 March 2002.
Alvarez refuses to sign a document that states that he witnessed the
alleged illegal activities of the group. He claims he was only semiconscious
due to the beating he received from police and was therefore
unaware of what was happening around him. He also faces a second
sentence of between three and eight years for having the reported on the
events that resulted in his arrest. Castillo continues to be held in prison,
awaiting trial.

House Arrest
Roberto GARCÍA CABREJAS: journalist (Instituto Cultura y
Democracia –(Culture and Democracy Institute), arrested in the March
2003 crackdown on so-called anti-patriots and has been placed under
house arrest (see above).
Brief detention/attacked
*Ricardo ROSELLÓ: freelance journalist reporting for the US-based
websites Cubanet and Carta de Cuba, was reportedly assaulted by a
neighbour on 4 June 2004 for being a “counter-revolutionary”. After the
attack, Roselló was escorted by a fellow journalist, Crecencia Leonidas
Suárez (f), to a clinic and then to a police station to make a formal
complaint. On arrival, the two journalists were conducted to the Punto 30
police station where they were interrogated by a Counter-Intelligence
officer. Leonidas Suárez was released in the early hours of the following
day but Roselló was held for 32 hours in total before being released.
Facing possible charges
Abel ESCOBAR RAMÍREZ: reporter with the independent news
agency Cuba Press, was arrested by National Revolutionary Police on 29
October 2003 near the town of Morón. He was released on 1 November.
Escobar’s home was searched whilst he was detained and more than 300
books and magazines were confiscated. It is not clear whether he faces
charges. *No further information as of 30 June 2004.
Omar Darío PÉREZ HERNÁNDEZ: journalist with the Nueva Prensa
Cubana agency, faces possible charges under Law 88 of “alignment with
imperialist interests to subvert the internal order of the nation and destroy
its political, economic and social system”. Pérez was detained for five
hours in the city of Camagüey on 21 July 2003 during which time he was
given the warning by a state security official. *No further information as
of 30 June 2004.
Released
Carmelo Agustín DÍAZ FERNÁNDEZ: journalist (Agencia de Prensa
Sindical Independiente de Cuba (Cuban Independent Union Press
Agency) & CubaNet), was released on health grounds on 18 June 2004
after having served fifteen months of a fifteen-year sentence. He had
been charged under Article 91 of the Cuban Penal Code which deals with
those deemed to have acted against the “independence of the territorial
integrity of the state”. Under the terms of his release he is effectively still
under house arrest. He is the first journalist to have been released
amongst those detained in March 2003.
Carlos Alberto DOMINGUEZ: journalist with the independent news
agency Cuba-Verdad, was released on 8 June 2004 on account of the
state of his health. Domínguez (51) was arrested on 24 February 2002
and was initially held in Havana’s Valle Grande prison awaiting trial
accused of “insult” and “public disorder” under the wide-ranging Law
88.
Juan Carlos GONZÁLEZ LEIVA: lawyer, human rights activist and
librarian, was sentenced on 27 April 2004 for insulting President Fidel
Castro, and for disorderly and disrespectful behaviour under Articles 144
and 200-1 of the Cuban Penal Code. He was sentenced to four years’
imprisonment but immediately given a conditional release because of the
time he had already spent in custody. González had been detained since 4
March 2002 when he formed part of a group of human rights activists
who staged a peaceful protest at a hospital in support of a reporter, Jesús
Alvarez Castillo, who had earlier been assaulted by police.
Adela SOTO ÁLVAREZ (f): freelance journalist. *Reported in March
2004 to be circulating freely again.(Shift ASA to released)
*Julio Antonio VALDÉS: librarian – 20 years (Canaleta) – sentenced
under Law 88 in April 2003. Also charged with “founding a selfproclaimed
independent library” to “ideologically subvert the reader
with the clear purpose, by means of inducing confusion, to recruit
persons for the counter-revolution...” Valdés (52), was released on 14
April 2004 on humanitarian grounds due to a kidney disease which is
now reportedly far advanced.
Manuel VÁZQUEZ PORTAL: novelist, poet and journalist (Grupo de
Trabajo Decoro & CubaNet), was conditionally released on 24 June
2004 having served fifteen months of a eighteen-year sentence. The journalist
had been sentenced in April 2003 under Law 88 for having
subverted “the internal order of the Nation and destroying its political,
economic, and social system”. In January 2004 he was transferred to the
prisoners’ wing of the Ambrosio Grillo hospital in Santiago de Cuba on 5
January 2004 with suspected emphysema. Reported in April 2004 to be
suffering from scabies through lack of water with which to wash. Began
a hunger strike on 30 April 2004 to protest against prison conditions.
Winner of the Committee to Protect Journalists’ 2003 International Press
Freedom Award. Honorary Member: Scottish PEN, Swedish PEN
Released/deported
Günter HOTZE: author, arrested on 3 August 2003 on arrival at Havana
airport. Hotze, a German, is the author of a book on Cuba that is critical
of President Fidel Castro. He was apparently returning to Cuba to
research a follow-up book when he was arrested. *It has since been
claimed by the Cuban authorities that Hotze’s detention stemmed from
an alleged incidence of domestic violence. He was deported from Cuba
on 28 November 2003. All charges against him have been dropped.
DOMINICAN REPUBLIC
Case closed
Marino ZAPETE CORNIEL: journalist with the weekly Primicias and
the Miami-based news website Los Nuevos Tiempos Digital, was arrested
by state security officials in Santo Domingo on 11 June 2003 and accused
of insulting President Hipólito Mejía. The accusations were based on a
series of articles penned by Zapete which criticised the president’s
handling of a financial crisis. The journalist had also claimed that Mejía
was constructing two mansions for himself with public funds. After five
hours of interrogation, Zapete was told that the president had ordered his
release. The next day, Mejía announced that he would pursue the matter
in the courts. *No further information as of 30 June 2004. Case closed.
ECUADOR
Sentenced: free awaiting appeal
Rodrigo FIERRO BENÍTEZ: columnist for the daily El Comercio, was
convicted of “defamation” on 19 September 2003, sentenced to six
months’ imprisonment and ordered to pay US$1000 costs. The charge
stemmed from a 29 May 2003 column in which Fierro allegedly libelled
former president León Febres Cordero by accusing him of being
involved in the failure of several banks on Ecuador. Fierro appealed the
sentence on 22 September and remains at liberty pending a decision from
the Quito Superior Court President Fabián Jaramillo. *It has since been
reported that as well as the six-month jail sentence, Fierro was fined an
undisclosed amount. The ruling against Fierro regarding both the prison 25

26
sentence and the fine was upheld in principle at the Quito Superior Court
of Justice on 12 December 2003, though both were reduced: the sentence
to 30 days in prison, and the fine to costs of US$100. Damages against
Fierro are to be considered at a civil trial. On 15 December, Fierro asked
the same court to suspend execution of the sentence, as is possible for
sentences of six months of less. However, this plea was dismissed on 9
January 2004. Three days later, Fierro requested an annulment of the
sentence at the Supreme Court of Justice. This appeal has been admitted
to be heard by the court.
EL SALVADOR
Facing charges
Enrique ALTAMIRANO, Lafitte FERNÁNDEZ and Alvaro CRUZ:
managing editors for the daily El Diario de Hoy, face criminal defamation
charges brought by Canadian-owned company CINTEC in
December 2003. The complaint filed by the company calls for all three to
be taken into custody to await trial. The legal action stems from articles
in El Diario de Hoy claiming that the waste collection system run by
CINTEC in the capital, San Salvador, is dogged by corruption. CINTEC
have rubbished the allegations. *No further information as of 30 June
2004.
GRENADA
Brief detention/death threat
*Leroy NOEL: freelance journalist, was arrested and interrogated for four
hours on 27 May 2004. Police questioned him about an article entitled
“NNP days are numbered” that appeared in the 21 May edition of the
weekly Spice Isle Review. The piece alleged that members of the ruling
New National Party (NNP) had links with reportedly corrupt individuals.
Noel was released without charge. The journalist reported that he
received a death threat on 2 June 2004. An anonymous telephone caller
told him that he would be killed if he did not desist from writing about
Grenadian prime minister Keith Mitchell.
GUATEMALA
Death threats
*Eduardo MAAZ BOL: regional correspondent, reported that on 29 May
2004 he was threatened by alleged members of an organised crime gang
from the highland town of Cobán. The gang members apparently told
him that he would killed within three days. It is presumed that the threats
stem from Maaz Bol’s reporting of local events.
*Héctor RAMÍREZ RUBIO: journalist, reported that several unidentified
individuals in a car with no registration number visited his house in
Guatemala City in May 2004 and proceeded to threaten him. The incident
occurred just days after a court ruling that former dictator Efraín
Ríos Montt should be placed under house arrest pending investigations
into his involvement in riots in July 2003 in which his party’s supporters
were implicated. Héctor Ramírez Rubio is the son Héctor Ramírez, a
journalist who died of a heart attack brought on by being chased by
supporters of Ríos Montt during the riots. Ramírez and his brother had
made an official complaint against Ríos Montt in the matter of their
father’s death.
Threats
José Rubén ZAMORA MARROQUÍN: publisher of the daily
ElPeriódico, reportedly suffered an assault on his home on 24 June 2003.
On account of persistent threats against him and his family following the
attack on his home, Zamora sent his family into exile in July 2003. *As a
result of the lack of progress made by the police to investigate the June
2003 assault, Zamora instigated three separate investigations. As a result,
he claims that four of the ten individuals involved have been identified.
All were working at the time for the army counter-intelligence services
or held government posts. No legal action has yet been taken by the
authorities against any of the four.
HAITI
Attacked
*Foreign correspondents and journalists (names unknown): were
attacked whilst covering the two-month rebellion from January to March
2004. Journalists both within Haiti and from other countries became
targets during the uprising that led to the ousting of President Jean-
Betrand Aristide on February 29th 2004.
MEXICO
Killed: investigation
*Roberto Javier MORA GARCÍA: the editorial director of the newspaper
El Mañana and the editor of the weekly North Mexico Business,
was reportedly stabbed 26 times near his home in the Mexico/US border
town of Nuevo Laredo in the early hours of 19 March 2004. The motives
for Mora García’s killing are as yet unclear. However, since neither his
car nor his wallet were stolen by his assailant/s, mere robbery has been
discounted. Mora has published articles about the drug-trafficking Gulf
Cartel, claiming that the police and public officials were involved with
the group. He has also uncovered the work of “zeta” groups – former
policemen who extort money from businessmen on behalf of drug traffickers.
On 22 March, Mexican President Vicente Fox Quesada informed
Ninfa Deánder Martínez, the Director General of El Mañana, that he had
given instructions to the federal authorities to work with local bodies to
carry out an investigation into the murder of Mora García (44) and to
bring those responsible to justice. According to a report on the El
Mañana website (www.elmañana.com.mx), the State Ministerial Police
Commander, Alberto del Ángel Hernández, stated that police were
looking at three possible motives for the killing. The first was Mora’s
journalistic work; the second that he had happened to witness a robbery
and was killed to stop him testifying; and the third – a hypothesis that
was still in its formative stages – that he had been the victim of mistaken
identity. According to the police commander, two separate groups are
collaborating in the investigation of the crime: one is led by José
Guadalupe Castillo Celestino, the State Director of the State Ministerial
Police, whilst the other is headed up by Salvador Arredondo Arredondo,
the state’s Regional Justice Procurator. Mario Medina, a US citizen, was
arrested along with his (as yet unnamed) male partner towards the end of
March in connection with the crime. Medina claimed he had been
tortured by police to confess to the killing. Medina was then himself
stabbed to death by his cell mate Roberto Herrera González at the Cereso
II prison in Nuevo Laredo on 13 May 2004. It has since been discovered
that the weapon supposedly found by police at Medina’s house was not
the one used to kill Mora García. [The Mexican PEN Centre is one of six
organisations that have formed a commission to monitor the investigation
into this crime.]

*Francisco ORTIZ FRANCO: deputy editor of the weekly newspaper
Zeta, was gunned down in front of his children in the city of Tijuana on
22 June 2004. He had just left a clinic when he was shot three times by
unidentified assailants firing from a pick-up truck. Zeta has a reputation
for its outspoken reporting on drug trafficking gangs in Tijuana. Ortiz
Franco himself was the author of a column on legal affairs. It appears
highly likely that he was murdered because of his work for the newspaper.
Zeta’s co-founder, Héctor Félix Miranda, was shot dead in April
1988. In 1997, the newspaper’s publisher, Jesús Blancornelas, survived
an attempt on his life in which both his bodyguard and driver were killed.
One of the two men convicted for the murder of Félix Miranda was a
bodyguard employed by businessman Jorge Hank Rhon who is currently
a candidate in the mayoral elections in Tijuana and who comes from one
of Mexico’s most powerful political families. In the weeks up to his
death, Ortiz Franco had also been working to bring to justice those
believed responsible for ordering the killing of Félix Miranda. On 24
June 2004, police arrested seven suspects in connection with the murder.
The Mexican authorities have also begun investigating drug cartels in
Tijuana.
Kidnapped
*Leodegario AGUILAR LUCAS: director and editor of the magazine
Mundo Político, was reportedly kidnapped by three unidentified individuals
on 22 May 2004. Some of the staff at Mundo Político believe that
the kidnapping is linked with articles Aguilar has written concerning
alleged corrupt practices by the local authorities. The journalist’s family
have asked that the police do not involve themselves in the matter, in
order to give them time to negotiate his release.
*Manuel DE LA CRUZ: Chiapas correspondent for Cimacnoticias and
reporter for Cambio, reported that at about 1.30am on 13 May 2004 he
was kidnapped, beaten and robbed by several police officers in the
Chiapas state capital Tuxtla Gutiérrez. The alleged policemen, who were
dressed in plain clothes, attacked him before calling over several
uniformed policemen who joined in the assault before taking him to a
park where yet more policemen beat and insulted him. He claims that a
Police Commander then arrived with two more policemen and tried to
make de la Cruz perform oral sex on them. When he refused, he was
beaten again and had tear gas sprayed in his eyes. He was then forced
into another police car and took him to the south of the city before
returning to the same park. There an officer told de la Cruz that he had
received a report that he had been resisting arrest and that he had attacked
police officers. He was then released. The journalist has made a formal
complaint and has identified to the authorities several police officers of
the twenty or so he claims were involved in the kidnapping. De la Cruz is
well known for his coverage of human rights violations in the rural areas
of Chiapas. He has also reported on drugs and immigrant trafficking and
the maltreatment of women. However, the exact motive for the kidnapping
is not known.
Facing Charges
Francisco BARRADAS: director of the Zacatecas-based magazine Bi, is
facing a charge of libel brought against him by a Zacatecas council
trustee, Rafael Medina Briones. Barradas had an arrest warrant issued
against him on 2 September 2003. He was also ordered to register once a
week with the judicial authorities. On 26 August 2003, the journalist was
detained for five hours for questioning about the alleged libel but was
released on bail. The case stems from a 27 July 2002 article in the newspaper
Imagen, of which Barradas was then the director, in which it was
claimed that Medina Briones had attempted to steal water from a cistern
on the roof of a neighbour. *No further information as of 30 June 2004.
Javier HERNÁNDEZ ALPÍZAR: reporter and columnist, is being
charged with defamation by the council president of Xalapa council,
Reynaldo Escobar Pérez. The charge stems from an article concerning
the siting by Escobar of a rubbish dump in an area of cloud forest. The
dump reportedly contravened numerous laws as well as the Mexican
Constitution and its opening provoked fierce protests by local people.
Escobar announced on television that he would withdraw the charge but
when the journalist checked at the Public Affairs Ministry on 12 August
2003, he found that the case against him was still being pursued.
Hernández faces a possible jail sentence if found guilty. *No further
information as of 30 June 2004.
*Walter HERNÁNDEZ GONZÁLEZ: former editor of the San
Cristóbal de las Casas-based Siglo XXI, was arrested on 3 January 2004
and sent to Cerro Hueco prison where he was denied bail. The arrest
came as a result of a demand against him for “defamation” brought by
the governor of Chiapas, Pablo Salazar Mendiguchía, after Hernández
had referred to him as a “rogue” in a Siglo XXI opinion piece in October
2003. The journalist had apparently taken umbrage at Salazar’s
persuading of local council chiefs to use public money to build a football
stadium. Bail was denied on the grounds that this constituted the third
charge against him, the first of which concerned his alleged assault on
Foja Coleta journalist Amado Avendaño Figueroa in January 2002, for
which he was out on bail. Hernández González is the father of the mayor
of San Cristóbal de las Casas, Enoch Hernández Cruz.
Juan LOZANO TREJO, journalist with El Huarache, is facing charges
brought by Zimapán mayor Rosalina Gómez Rosas on 1 July 2003
following the publication of articles alleging irregularities in the running
of the Zimapán council. Other journalists working for El Huarache, a
regional newspaper for regional people, are also due to be named in the
lawsuit. In a related incident in June 2002, Lozano Trejo and a colleague
were kidnapped and held for 10 hours after they had undertaken investigations
into a case of misappropriation of land. The kidnappers were
believed to be affiliated to the former mayor. *No further information as
of 30 June 2004.
Antonio ORTIGOZA VÁZQUEZ: journalist with IQ Magazine, is
facing criminal charges brought by Alfredo Ortega Apendinni, a
congressional candidate for the National Action Party (PAN) in Hidalgo
state. Ortega announced on 3 July 2003 that he would be bringing
charges of “insult to honour” against Ortigoza’s IQ Magazine and a
number of other journals that had published articles about alleged friction
within Ortega’s family and the politician’s own apparent battle with
drug addiction. *No further information as of 30 June 2004.
Death threats
*Brigadier General José Francisco GALLARDO RODRIGUEZ: army
officer, reportedly received a threatening phone call on 19 January 2004.
His house was also purportedly under surveillance by unknown individuals.
Gallardo declared that he believed the caller, who told him “take
care or they will get you”, was an army officer. The threat came two days
after Gallardo had been quoted in a national newspaper as being critical
of the appointment of an army general to the Anti-Terrorist Unit of the
Attorney General’s Office. The Mexican authorities have stated that they
will investigate the threat and harassment, and that Gallardo and his
family will receive protective measures. Gallardo is the author of a
master’s thesis entitled ‘The Need for a Military Ombudsman in
Mexico’. He was released from prison on 7 February 2002 after serving 27

28
over eight years of a 28-year sentence on spurious charges of ‘misappropriation
of government property and destruction of military archives’ and
‘illegal profiteering’. It is believed that Gallardo was framed in reprisal
for the opinions expressed in his master’s thesis. Honorary member:
USA West, Canadian, English, German, Peruvian, Swedish and
American PEN centres.
*Irene MEDRANO VILLANUEVA (f): reporter with Culiacán-based
daily El Sol de Sinaloa, has reportedly been subjected to a campaign of
harassment and threats. On 6 December Medrano published an article in
which she suggested that employees from the state education department
might be corrupting minors and running a prostitution network. Since
then, her house has been broken into and searched and the brakes and
windscreen of her car have been damaged. Between 6 -12 January 2004,
Medrano received a number of anonymous death threats. A police investigation
revealed that the calls came from the office of the mayor of
Culiacán, Jesús Enrique Hernández Chávez. The mayor has since
appeared before judicial officials and stated that he would cooperate with
their investigations. On 13 January, a vehicle was deliberately driven into
Medrano’s car, despite the fact that she was under police escort at the
time. On 22 January, the investigative reporter received several more
death threats on her mobile phone.
Attacked
*Martin SERRANO HERRERA: founder and director of the Jalapabased
newspaper Tribuna, reported that he had been assaulted in the
street by three men on 22 May 2004. The journalist claimed that the men
were policemen and that he was attacked because of Tribuna articles that
have accused various public officials in the state of Veracruz of being
corrupt.
*Mario SOLIS ESPINOZA and Edgar BADILLO MEDINA: journalists
with the daily Diario de Colima, were reportedly assaulted, along
with a radio journalist, on 23 May 2004 in Colima. The three journalists
were savagely beaten by around a score of young men led by Samuel
Rodríguez Moreno, a nephew of former Colima state governor Fernando
Moreno Peña. The assailants were apparently unhappy about the three
journalists’ reporting of Rodríguez Moreno’s alcohol and drug problems.
Case closed
Isabel ARVIDE (f): journalist and author, was arrested and charged with
criminal defamation on 19 August 2002 before being released on
US$10,000 bail. On 2 June 2002, Arvide had published an article on her
own website (isabelarvide.com), and in the newspaper Milenio, accusing
newspaper director, Osvaldo Rodríguez Borunda, of involvement in drug
trafficking and money laundering. She faces a prison sentence of six
months to two years if convicted. Arvide was arrested by police again in
Chihuahua on 4 March 2003 on account of a charge of defamation
against her. She was freed on bail the same day and ordered to report to
Judge Octavio Rodríguez Gaytán once a fortnight. *No further information
as of 30 June 2004. Case closed.
Alejandro GUTIÉRREZ and Jesusa CERVANTES (f): journalists with
the magazine Proceso, were the subject of criminal charges of “calumny”
and “defamation” brought in Chihuahua on 8 April 2003 by businessman
Jesús Alonso Zaragoza López, president of Mexican transnational
company Grupo Z. The charges stem from a 2 March 2003 article entitled
“Scandal of ‘Friends’ – linked to local businessman” published in El
Diario de Ciudad Juárez. The piece claimed that Zaragoza was involved in
illicit practices which meant that he could no longer travel to the United
States. *No further information as of 30 June 2004.
Ángel Mario KSHERATTO: columnist for the daily Cuarto Poder,
faces charges of criminal defamation brought by the chief of communications
of the state Committee for the Construction of Schools (COCOES).
In August 2002, Ksheratto had published the results of his investigation
into alleged corruption at COCOES in Chiapas. He reported that he has
been followed by vehicles without number plates and received a succession
of death threats by telephone in December 2002. Legal action is also
believed to be pending against Cuarto Poder staff Amet Samayoa Arce,
Miguel González Alonso and Roberto Domínguez Cortéz and the
newspaper’s director Conrado de la Cruz Jiménez. Ksheratto was
arrested on 9 January 2003 in connection with the defamation charges
brought against him. He was also informed on the same day that he was
under investigation for the alleged theft of a car engine. The journalist
was conditionally released on bail pending trial for defamation. It is
unclear whether theft charges will also be brought. It is feared that the
later charges may have been trumped up in order to harass him. No
further information as of 30 June 2004. Case closed.
Humberto LÓPEZ LENA: director of the newspaper Expresión, was
arrested on 4 April 2003 in connection with charges of defamation
brought against him by local politician Juan Díaz Pimentel and Anauar
Karim Said Murat, brother of Oaxaca state governor, José Murat Casab.
The arrest warrant was apparently requested by José Murat, who is
alleged to have been persecuting López on account of his work for
Expresión and various radio stations. *No further information as of 30
June 2004. Case closed.
Genaro ZUVIRI, Federico LA MONT, Adrián TREJO, Roberto
RAMOS VALENCIA and Rafael MEDINA GONZÁLEZ: director of
the magazine Zu Noticia, member of the Organización Editorial
Mexicana, and journalists with El Economista, Ovaciones and Excelsior
respectively, were charged with “defamation” on or around 14 June 2003
along with a number of Zu Noticia journalists based in Ciudad de
Huejutla de Reyes. The charges were brought by senator José Antonio
del Sagrado Corazón Hagenbeck Cámara on account of a 17 December
2002 Zu Noticia article which claimed that he had caused a scene whilst
drunk in a bar of dubious reputation in Huejutla. The incident was then
widely reported. Despite naming the aforementioned journalists in his
claim for defamation, Hagenbeck paradoxically stated that he was not
denouncing anyone in particular. *No further information as of 30 June
2004. Case closed.
PANAMA
Investigation: pending trial
Blas JULIO RODRIGUEZ: former journalist with Diario El Siglo and
founder of weekly La Verdad, was arrested on 21 May 2002 and is
detained pending trial on charges of extortion. The charges have been
lodged by a businessman named Abdul Waked presumably in reprisal for
Julio’s published accusations that he is a drugs trafficker and money
launderer. The journalist suffers from severe hypertension. On 5 July
2002, a Superior Tribunal declared that Julio’s continued detention
awaiting trial was legal. Reported on 19 November 2003 still to be in
detention at La Joya prison and suffering serious health problems. *No
further information as of 30 June 2004.
Sentenced
Jean Marcel CHERY and Gustavo APARICIO, both journalists with
the daily El Panamá América, were handed one-year sentences
commutable to fines of US$600 on 7 August 2003. The verdict stemmed

from a 2001 article that pointed out that a road built with money meant
for social investment served a property owned by then Interior and
Justice Minister Winston Spadafora to the exclusion of almost everything
else. Spadafora, who is now a Supreme Court judge, considered the
article “an affront to [his] honour and dignity”. *No further information
as of 30 June 2004.
Luis Alberto HOOPER DOMÍNGUEZ, Blas JULIO RODRÍGUEZ
and Carlos SINGARES: journalist and former journalists with the daily
El Siglo, were found guilty of “defamation” on 19 November 2003 and
sentenced to 18 months’ imprisonment. The judgment stemmed from a
complaint made by Juan Carlos Tapia, the presenter of the television
programme “Lo Mejor del Boxeo” (The Best of Boxing”) about an El
Siglo article. Hooper Domínguez, whose whereabouts are unknown, was
tried in absentia. Julio Rodríguez is currently detained on extortion
charges. El Siglo’s Information Chief, Rafael Rodríguez, was found not
guilty of the same charge. It is presumed that the prison terms handed to
the three journalists were commuted to fines, as is usual in such cases.
WiPC investigating.
Facing charges
Michelle LESCURE (f): freelance journalist and former editor of the
daily El Siglo, had charges of “calumny” and “false witness” filed against
her on 2 December 2003 by the US-based company San Cristóbal
Developments (SCD). The complaint stems from a formal declaration
made by Lescure on 18 November 2003 to the Public Affairs Ministry in
which she stated that she had been approached by Tomás Cabal, the SCD
public relations, and offered US$5000 to write an article which would
damage the reputation of the Comptroller General, Alvin Weeden, as part
of an SCD plan to bring him down. In April 2003, Tom McMurrain, who
runs SCD, reportedly sent death threats to two journalists, Okke Ornstein
and Carmen Boyd Marciacq, who were investigating an alleged swindle
operated by the company. *No further information as of 30 June 2004.
On trial
Jean Marcel CHERY, Juan Manuel DÍAZ, Vladimir RODRÍGUEZ,
Marcelino RODRÍGUEZ, Reyner TUÑÓN, Dámaso GARCÍA and
Carlos SINGARES: all journalists, were found guilty in 2001 and 2002
of criminal defamation. All their cases are currently going through an
appeal process.
Alcibíades CORTÉZ: journalist with La Prensa, is facing charges of
“defamation” brought in August 2003 by Professor Justino Combe of the
Manuel María Tejada Roca College in Las Tablas. The journalist
published an article in which it was alleged that Combe had sexually
abused students at the college. Cortéz had received the information from
the legal adviser at the college. The journalist faces a possible prison
sentence of between 18 and 24 months if found guilty. Eduardo
BARTUANO, a reporter with RCM Television, is Cortéz’ co-accused in
the case. *No further information as of 30 June 2004.
*Roberto EISENMANN Jr.: founder of the Panama City-based daily La
Prensa, faces “criminal defamation” charges brought against him by
Public Prosecutor José Antonio Sossa. The charges stem from a 30
January 2004 column in La Prensa in which Eisenmann accused Sossa of
“protecting criminals and filing charges against journalists”, an opinion
which has at least been borne out by Sosa’s filing of charges against him.
On 25 March 2004, Technical Judicial Police escorted the journalist from
his office to the prosecutor’s office to be questioned with regard to the
case. An order barring Eisenmann from leaving the country has been in
force since 15 February.
Case closed
Jean Marcel CHERY, Alcibíades CORTÉZ, Julio AIZPRÚA: journalists
with La Prensa, were arrested on 14 April 2003, along with a La
Prensa photographer, for allegedly trespassing on the grounds
surrounding President Mireya Moscoso’s costly beach house. The four
were released after spending 26 hours in detention. *No further information
as of 30 June 2004. Case closed.
PARAGUAY
Facing charges
*Nacha SÁNCHEZ (f) and Mabel REHNFELDT (f): investigative journalists
with the newspaper ABC Color, had charges filed against them by
President Juan Carlos Wasmosy in early February 2004. The “defamation
and insult” charges stem from a series of reports published by
Sánchez and Rehnfeldt regarding alleged fraudulent practices by the
state-run oil company Petropar. The journalists claim that Wasmosy
made sure that many of the dubious contracts handed out by Petropar
went to companies apparently controlled by his cousin José Luis
Manzoni.
PERU
Facing Trial
*Guillermo NAVAS CHUJUNTALLI: director of the magazine
Panorama Regional, was arrested in Tarapoto on 30 January 2004 to face
criminal defamation charges brought by Justo Pérez Ruíz, the former
dean of the San Martín College of Law. The arrest warrant had been
served by Judge Francisco Urtecho Solís on the grounds that Navas was a
“criminal at large” due to the fact that he had allegedly failed to appear in
court when summonsed on the charges. The journalist was held overnight
at the Criminal Investigation Headquarters in La Banda de Shilcayo
district before being transferred to Juanjuí judiciary officials. The charges
stem from reports published by Navas in March 2002 in which he alleged
that Luis Enrique Cisneros Olano (the San Martín College dean) and Justo
Pérez Ruíz Cisneros had been involved in irregular dealings at the college.
In 2003, Judge Urtecho Solís found Navas guilty in respect of the defamation
charges brought by Cisneros. He was sentenced to a year’s imprisonment
and fined 2,000 nuevos soles (c. US$575). It is not clear whether
Navas served any of this sentence. The journalist claimed that he had sent
a letter to the Juanjuí Special Tribunal on 15 January 2004 – to no avail –
explaining that his address had changed and that he had not received any
summonses regarding the Pérez Ruíz case. He was subsequently released
to stand trial on the Pérez Ruíz charges.
Juan Carlos TAFUR RIVERA: journalist and director of the daily
Correo, was prevented from leaving Peru on 22 November 2003. He had
been planning to participate in an event hosted by the Federation of Latin
American Banks in the United States but was stopped at Lima airport and
told that a criminal court judge had issued an order barring him from
leaving the country. He was not told why the order had been imposed.
However, Tafur’s newspaper had been reporting on investigations made
into possible links between a judge and a drugs trafficker. The judge
subsequently filed for defamation and Tafur presented his defence on 7
October 2003. Fifteen days later an order was issued preventing Tafur
from going abroad but neither the journalist nor his lawyers were
informed of this. Tafur does not face a prison sentence if found guilty of
defamation. *No further information as of 30 June 2004. 29

30
Threatened/facing charges
*David MEJÍA HUAMÁN: director of the Puerto Maldonado-based
biweekly newspaper La Selva, was reportedly threatened on 20 April
2004 by the head of the Madre de Dios regional government, Rafael
Edwin Ríos López. The incident occurred when Ríos López approached
Mejía Huamán in a vehicle without registration numbers and told the
journalist that he had started legal action against La Selva. He then said
that Mejía and his family should be careful. La Selva had just reported on
apparent irregular practices carried out by various local authorities. The
journalist has asked the local prefect’s office for protection.
Facing charges
*Pedro Eduardo SALINAS CHACALTANA: columnist for the daily
Correo, faces defamation charges brought in December 2003 by
congressman Jorge Mufarech Nemy (ruling Perú Posible party)
Mufarech is seeking a three-year prison sentence US$1m in damages.
The legal action stems from two articles by Salinas published on 23
December 2002 and 11 March 2003. Mufarech claims that the pieces are
insulting and falsely accuse him of protecting smugglers. Salinas only
discovered that he was being charged on 21 January 2004.
*Yima SALÍZAR ESCOBAR (f): correspondent for the newspaper El
Sol de Cusco, faces two different charges stemming from reports she has
published. On 25 May 2004, Fedia Castro Melgarejo de Gutiérrez, mayor
of La Convención district, in Quillabamba, Cusco, began legal proceedings
against the journalist for “condoning violence”. The charge has been
brought on account of a 19 May article in which Salízar reviewed a
report by the Ombudsman’s Office regarding regions in the country at
risk of confrontations between mayors and the people they govern. This
followed the lynching of a mayor in the district of Ilave. The headline in
El Sol de Cusco read “According to the Ombudsman’s Office, by
lynching its mayor, Quillabamba could also explode in violence”. The
second charge is that of “defamation” and was filed by the mayor and
Vladimir Araoz, a representative of the La Convención, Quillabamba,
Ombudsman’s Office quoted by Salízar in the same article.
Álvaro VARGAS LLOSA: journalist, is currently on trial for “crimes
against honour”. The charge stems from public statements by Vargas
LLosa in which he called for investigations into Gil Shavit Aiches, Adam
Pollack and Joseph Maiman Rapaort. The journalist also linked Pollack
with a deal involving spare parts for MIG-29 jets used by the Peruvian
Air Force. Vargas LLosa has been prohibited from leaving the country
since a ruling handed down at the Lima Criminal Court on 22 February
2002. After ignoring a summons, Vargas had an arrest warrant issued
against him on 25 July 2002 to stand trial on defamation charges. He was
thus considered a “criminal at large”. *The arrest warrant was confirmed
by the Supreme Court’s Criminal Branch on 27 May 2004. The ruling
cannot be appealed.
Death threats/attacked
*Joel VALENCIA PALOMINO: director of the Picota-based magazine
El Eco Picotino and editor of the weekly El Sol del Huallaga, was reportedly
assaulted in Picota on 31 December 2003 by Picota Provincial
Municipality Councillor Hugo Laurencio Rengifo Tello (Aprista Peruano
party). Rengifo Tello’s brother, Felipe, apparently threatened to kill
Valencia. The attack and threat stem from the journalist’s formal
complaint concerning the alleged distribution amongst public officials of
a shipment of shoes that had been donated for use by the poor of the area.
On 31 December, Valencia had gone to the council offices to enquire as
to progress of his complaint when he was attacked by Hugo Rengifo.
*Rocío VÁSQUEZ GOICOCHEA (f): former editor of the Chimbotebased
newspaper Últimas Noticias, reported in April 2004 that she had
received a number of threatening phone calls and that she had survived
an apparent attempt on her life. A message left on her mobile phone on
20 April said, “Don’t forget you only have one life.” The journalist
believes the threats stem from her investigations into the criminal activities
of fishing industry executives, including Samuel Dyer, a friend of
Peruvian President Alejandro Toledo. Vásquez resigned from Últimas
Noticias when the owner told her to stop investigating Dyer’s activities.
Dyer had apparently warned the owner. On 27 April, in a bus station in
Chimbote, the driver of a vehicle with tinted windows apparently
attempted to run her over. Vásquez got out of the way just in time but
someone inside the vehicle reportedly shouted, “You managed to escape,
you bitch.”
Death threats
*Tony MARMANILLO: journalist with the daily Diario La Calle de
Ayacucho and radio show host on Estación Wari, was reportedly threatened,
along with radio journalist Necias Taquiri, in Ayacucho on 18 May
2004. An anonymous caller to a radio phone-in show on Estación Wari –
who declared himself a member of the Peruvian Communist Party –
threatened the two journalists, though the call did not go out on air. Later
the same morning, the same caller rang in, declared himself a believer in
“liquidating [enemies of the revolution]” and issued death threats on air
against Marmanillo and Taquiri.
*Miguel RAMÍREZ: member of the Investigative Journalism Unit of the
newspaper El Comercio, reported in May 2004 that he had received a
number of threatening telephone calls in the last three weeks of April
consisting largely of insults followed by recordings of prayers said at
Mass. His house was also broken into in April and the burglars only stole
the hard disk of his computer. Ramírez also claims that he has been
followed constantly by unidentified individuals in various vehicles.
Ramírez believes that those who are following him are trying to discover
the identities of his sources for his articles regarding airline businessman
Fernando Zavallos. The journalist has been investigating possible links
between Zevallos and drugs trafficking, and published the results in El
Comercio in April. On 28 April, Zevallos brought defamation charges
against Fernando Ampuero, the head of the El Comercio Investigative
Journalism Unit, demanding US$5m in reparations. Zevallos has also
brought defamation charges in 2004 against British journalist Sally
Bowen (f) and Jane Holligan (f), authors of the book El espía imperfecto
(The Imperfect Spy), in which they relate the revelations of drugs
trafficker Oscar Benítes Linares regarding the links between Zevallos and
imprisoned former presidential adviser Vladimiro Montesinos, and their
drugs trafficking activities. In May 2004, Bowen briefly had a restriction
order placed against her which forbade her from leaving the country. El
Comercio has provided bodyguards for both Ramírez and Ampuero in
light of the threats.
Brief detention
*Javier TUANAMA VALERA: former editor in chief of the magazine
Hechos, was briefly detained on 25 January 2004 at Lima airport when
the airport police were erroneously alerted to a warrant for his arrest on
eleven counts of terrorism. Tuanama spent nearly nine years in prison
before being released in November 2002 under the terms of a pardon
granted personally by Peruvian president Alejandro Toledo. He had been
arrested in March 1994 and sentenced by a “faceless judge” to ten years’

imprisonment after being accused of membership of the Tupac Amaru
Revolutionary Movement (MRTA). Tuanama, who was intending to
attend a conference for journalists, missed his flight and was detained
until the mistake was rectified when a copy of the pardon was brought to
the airport by a colleague.
Attacked
*Denis POMAJULCA BENÍTEZ: reporter for the Piura-based daily
newspaper Correo, was apparently attacked by around 300 rural farm
workers at a public meeting in the village of Apóstol Juan Bautista de
Locuto, Tambogrande, on 18 April 2004. Pomajulca’s journalistic equipment
and personal documents were stolen in the onslaught. The journalist
reported that he only saved himself from being lynched by taking
refuge in the house of the woman who had organised the meeting, even
though she had apparently been responsible for whipping up the crowd
against him in the first place.
*Juan RIZO PATRÓN, Dante PIAGGIO, Elena CANO (f) and Daniel
CONTRERAS: journalists with the newspaper El Comercio (former
two) and La Razón (latter two), were attacked with stones by members of
a crowd of approximately 2000 people in the district of Ilave on 23 May
2004. The journalists had been asked by the leaders of the demonstrators
to attend a press conference but were attacked when police moved in to
dismantle stone barricades set up by the protesters. The journalists were
pursued for three kilometres and only escaped when a local man intervened
on their behalf. The crowd had been protesting against the detention
of a number of people suspected of having taken part in the lynching
of local mayor Cirilo Robles a month beforehand.
Released/Harassment
Juan de MATA JARA BERROSPI: journalist and poet. Jara was
released on 31 January 2004 after serving more than ten years of a
twenty-year sentence for alleged collaboration with a guerrilla group,
Sendero Luminoso (Shining Path), by a so-called “faceless judge” (ie a
judge sitting incognito). A new law enacted in 2003 reduced the
sentences of the vast majority of those condemned by the “faceless
judges” to a maximum of six years. Since Jara Berrospi had already been
in prison for ten years, a hearing into his case was opened in November
2003. However, rather than merely being released on these grounds, Jara
Berrospi was acquitted of all charges against him and released immediately.
He reported that on 6 April 2004 he was photographed from a car
that sped away into the back streets of Lima. Honorary Member: PEN
USA West
Case closed
Humberto PACHECO GÓMEZ and Humberto PACHECO
GUARDADO: director general and director respectively of the fortnightly
Ultima Hora de Aguascalientes, face charges of defamation
brought in May 2003 by federal judge Antonio López Padilla. The
charges stem from an article in which it was alleged that López Padilla
had deliberately given an unjust verdict in a trial in order to benefit the
governor of Aguascalientes, Felipe González González. The judge’s
decision was overturned at a tribunals court and a formal complaint was
made against López by a judicial inspector. The judge is seeking prison
terms for Pacheco Gómez and Pacheco Guardado (father and son). *No
further information as of 30 June 2004. Case closed.
UNITED STATES OF AMERICA
Judicial concern
Mumia ABU-JAMAL: Prominent black radio journalist turned writer
on death row since 3 July 1982 at the State Correctional Institute in
Huntingdon, Pennsylvania. Found guilty of shooting a police officer dead
on 9 December 1981 after apparently interrupting an argument between a
police officer and Abu-Jamal’s brother. Some witnesses say there was
another person seen running from the scene of the murder. Abu-Jamal
had no previous criminal record. Says he was shot in scuffle and severely
wounded and reported to have been badly beaten by police who arrived
after the shooting. Worked for National Black Network, Mutual Black
Network, National Public Radio, Associated Press and Radio
Information Centre for the Blind. Elected President of the Philadelphia
chapter of the Association of Black Journalists in 1980. Was member of
Black Panther Party when he was 16. Trial and Judicial details: Abu-
Jamal’s youth affiliation to the Black Panthers was used against him in
court, allegedly prejudicing the jury against him and instrumental in the
death penalty being handed down. He pleaded his innocence and said
that the trial was unfair on various grounds, e.g. only one juror was black
in a city which is 40% black and one jury member admitted he was
biased against Jamal. In August 1995 a stay of execution was granted to
enable an appeal for re-trial. On 13 October 1999, the Governor for
Pennsylvania signed a death warrant for execution on 2 December 1999.
A few days later, on 26 October, Judge William Yohn stayed the execution
pending his review of the case.: On 18 December 2001, Abu-Jamal’s
request for a new trial was turned down by Federal District Court Judge
William Yohn who upheld the murder conviction. Only one such federal
habeas corpus appeal is allowed under U.S. law. However, Yohn also
overturned the death sentence against Abu-Jamal and ordered that the
Pennsylvania state court conduct a new sentencing within 180 days (this
could include the re-imposition of the death sentence), or hand down a
life sentence without possibility of parole. On 6 February 2002, Abu-
Jamal’s legal team lodged a brief with the U.S. Court of Appeals that
included an affidavit from a former prisoner that a prosecution witness in
the Abu-Jamal trial had confided that she had been intimidated into
giving evidence that had been central to Abu Jamal’s conviction.
Mumia’s case remains on appeal in the United States Court of Appeals
for the Third Circuit and the Pennsylvania Supreme Court. A professional
hitman, Arnold Beverly, has made a public confession that he
murdered the policeman alleged to have been killed by Abu-Jamal. On
23 May 2003 Abu-Jamal’s lawyers presented to the Pennsylvania
Supreme Court a list of 112 questions that they want the writer’s prior
Chief Counsel, Leonard Weinglass, to answer under oath. The questions
concern charges that Weinglass was responsible for the “intentional
burying of evidence that proves Appellant Jamal’s ‘actual innocence’ of
the crime of which he has been convicted.” As of 31 December 2003
Weinglass had yet to be obliged by the court to answer the questions.
*No further information as of 30 June 2004. PEN position: PEN holds
no view on Abu-Jamal’s guilt or innocence, but is calling for his sentence
to be commuted and that he not face execution. It also urges that any
appeal of his case take into account gross irregularities in past trials.
Honorary Member: Belgian (Flemish-speaking) PEN
Brief detention/deportation
*Elena LAPPIN (f): a British journalist with the UK-based daily newspaper
The Guardian, was handcuffed and detained at Los Angeles 31

32
International Airport in the first week of June 2004, and deported the
same day. The detention stemmed from the reporter’s lack of a press visa
to visit the United States, the requirement for which only came into force
with the founding of the government’s Department of Homeland
Security and has not been widely publicised. Business and tourist visas
for visitors from so-called friendly countries are waived by the US
authorities.
VENEZUELA
Sentenced/awaiting ratification
Ibéyise PACHECO (f): journalist with the newspaper El Nacional, was
sentenced to nine months’ imprisonment for “aggravated defamation” on
25 May 2004. The journalist remains at liberty until the sentence is ratified
by the Appeals Court. If this should occur, Pacheco intends to appeal
against it. The sentences derives from charges brought by Colonel Ángel
Bellorín who claimed he was defamed by a Pacheco column published in
El Nacional on 15 June 2001 in which she alleged that Bellorín had
cheated in order to pass a law course.
Facing charges
José Ángel OCANTO: head of information at the Barquisimeto-based
daily El Impulso, faces defamation charges brought against him by Major
Arnaldo Certaín, ex-director of Security and Public Order and current
director of the Foundation for the Development of Small- and Mediumsized
Industry in Lara. The trial against Ocanto was due to open on 1
October 2003 at the Lara State Judicial Circuit but the judge excused
himself from hearing the case. This is the second judge to withdraw from
the judicial proceedings which began in 2002. Certaín claims that he was
defamed by Ocanto in articles published in El Impulso in which he was
linked with drugs trafficking during his time as director of the
Autonomous Institute of the International Airport of Maiquetía. *No
further information as of 30 June 2004.
Gustavo RODRÍGUEZ: journalist with the daily El Universal de
Caracas, was reported in September 2003 to be facing defamation
charges brought by mayoral adviser Luis Alberto Mosquera Ciano.
Rodriguez, along with other journalists, published articles regarding a
demonstration organised by government opponents calling themselves El
Petarazo. During the demonstration, Sucre District Mayor Rangel Avalos
made a speech accompanied by Mosquera. Rodriguez pointed out in his
report that Mosquera had a police record on account of his part in the hijacking
of a Venezuelan AEROPOSTAL aeroplane and for raids on
banks and armoured vehicles. Mosquera considered that Rodríguez’
piece damaged his honour and reputation, and has thus filed defamation
charges against him. Rodríguez countered by stating that the court case
was an attempt to stifle his journalistic activities. *No further information
as of 30 June 2004.
Brief detention
*Dariana BRACHO (f): journalist with the daily La Verdad, was reportedly
detained for two hours by military personnel on 23 May 2004.
Along with television and radio journalists, Bracho was held whilst
covering a story about Colombian paramilitaries believed to be being
treated at the Maracaibo University Hospital in Zulia state, north-western
Venezuela.
Death threats/attacked
*Felix CARMONA: reporter for the newspaper El Universal, reportedly
received death threats on 10 May 2004, along with an El Universal
photographer and driver. The threats came from officers of the Dirección
de la Inteligencia Militar (Military Intelligence Service – DIM) in the
municipality of El Hatillo municipality, south-east of Caracas. Carmona
had been covering a raid carried out by DIM officers on the house of the
ex-wife of former president Carlos Andrés Pérez. Shortly after the raid,
Carmona and his colleagues started off for the home of opposition politician
Rafael Marín where another DIM raid was about to take place. On
their way, they met with the DIM officers who had conducted the first
operation and asked them for verification of the location of Marín’s
house. The officers apparently levelled their weapons at the three men
and warned that they and their families would be shot if they reported
anything about the raids. The officers also apparently hit the El Universal
team and confiscated their press cards. They were forced back into their
car and made to put their heads between their knees whilst the DIM officers
repeated the death threats.
Attacked/Threatened
*Berenice GÓMEZ: journalist with the daily newspaper Últimas
Noticias, was reportedly assaulted, robbed and threatened on 27
February 2004 in Caracas. The attack happened when supposed government
supporters spotted her covering an opposition march. Her attackers
also threatened to kill her and to burn down the offices of Últimas
Noticias.
Attacked
*Edgar LÓPEZ: journalist with the newspaper El Nacional, was reportedly
attacked on 1 March 2004 by presumed government sympathisers
whilst he was covering an opposition march.
*Víctor SERRA: reporter for the daily Cambio de Siglo, was reportedly
assaulted by anti-riot police officers on 12 February 2004 whilst he was
covering a student protest in Mérida. Serra apparently identified himself
as a journalist and his press card was clearly visible around his neck.
However, this was not sufficient to stop him being set upon by eight
police officers who left the journalist with bruising to the stomach, arms
and legs.
*Staff at El Nacional and Así es la Noticia, were put at risk when the
Caracas offices of the company that publishes both newspapers were
attacked on 3 June 2004 by individuals presumed to be supporters of
President Hugo Chávez. The façade of one of the buildings and nine
vehicles were apparently destroyed in the attack.
Case closed
Tulio CAPRILES HERNÁNDEZ: president of the Maracay-based
daily El Siglo, had an arrest warrant issued against him on 4 April 2003.
The action stems from the alleged defamation of the governor of the state
of Aragua, Didalco Bolívar. El Siglo has published a series of reports on
apparent cases of negligence and official corruption in the state. The
newspaper’s manager, Mireya de Zurita, claimed that Bolívar had been
running a smear campaign against the newspaper since 1999. She also
stated that El Siglo’s employees and offices had been attacked on at least
ten occasions. *No further information as of 30 June 2004. Case closed.
José MATERÁN TULANE: editor and director of the dailies La Voz
and La Región, had an investigation opened on him by state intelligence
agents in April 2003. The investigation, ordered by the Public Affairs
Ministry, concerns the 11 March 2003 publication of a public announcement
by the opposition party Coordinadora Democrática (Democratic
Coordinator). *No further information as of 30 June 2004. Case closed.

Asia and Pacific
AUSTRALIA
Main case
Hassan Hakimi
Profession: Iranian journalist and poet. Date of arrest: 2000. Details of
arrest: Sent to immigration detention at Topside Camp, an Australian
‘Offshore Processing Centre’ on the Pacific island of Nauru, after fleeing
Iran on an asylum boat which was intercepted by the Australian navy as
part of the Australian government’s policy known as ‘The Pacific
Solution’, which denies refugees entry to Australia by intercepting
asylum boats and sending them to ‘offshore processing centres’ under
Australian administration. Hassan Hakimi was reportedly a regular
contributor to the now-closed reformist weekly newspaper Eman, based
in the city of Ghom, between 1996 and 1998. The newspaper was reportedly
taken over by the government in 1998, and the entire newspaper
staff sacked. Hassan Hakimi and his colleagues started to produce
another publication underground. However, following the student
protests of 1999 and the subsequent government crackdown, Hassan
Hakimi fled Iran in fear of arrest after being pursued by security forces.
He has now been held at Topside Camp for over three years.
Released
LAM Khi Try: Cambodian journalist. Taken into immigration detention
in Villawood Detention Centre, Sydney, in February 2001. Lam Khy Tri
was a journalist for the newspaper Angkor Thom based in Phnom Penh
from 1996-1998. He fled Cambodia on 13 February 1998 in fear of his
life following death threats he had received in connection with articles he
had published in Angkor Thom critical of the government of Hun Sen. His
wife Nary Thong, who had initially stayed in Cambodia with her family,
arrived in Australia on 24 August 1998 amidst fears that she too would be
targeted by association with her husband. Despite ample evidence to
support their case, their application for asylum in Australia was unsuccessful.
Granted asylum in France and released on 1 March 2004.
BANGLADESH
Killed
*Humayun KABIR: Editor of the Bengali daily Janmabhumi. Killed on
27 June 2004 when unidentified assailants threw two bombs at him in
front of his office. He died later in hospital. An outlawed extremist leftwing
group claimed responsibility for the attack. His newspaper has
published articles on organised crime in the city.
*Manik SAHA: Correspondent with the daily New Age and contributor to
the BBC’s Bengali-language service. Killed on 15 January 2004 when
unidentified assailants threw a bomb at him as he was travelling home by
rickshaw in Khulna, southwestern Bangladesh. He died instantly. In a
letter sent to the Khulna regional press club on 22 January 2004, the
leader of the outlawed Maoist group ‘The People’s War’ reportedly
claimed responsibility for Saha’s murder. Manik Saha, aged 45, was
known for his reporting on the region’s criminal gangs, drug traffickers
and Maoist insurgents, and had received several death threats prior to his
murder for his reporting.
Main Case
*Salah Uddin Shoaib CHAUDHURY
Profession: Editor of the tabloid weekly Blitz. Date of arrest: 29
November 2003. Details of arrest: According to PEN’s information,
Salah Uddin Shoaib Chaudhury was arrested by security personnel at Zia
International Airport, Dhaka, on 29 November 2003 on espionage
charges. Chaudhury was reportedly on his way to Israel to participate in a
conference with the Hebrew Writers Association when he was arrested.
Chaudhury is believed to have been going to address a writers’ symposium
in Tel Aviv entitled “Bridges Through Culture”, and was scheduled
to speak about “the role of media in establishing peace”. Bangladesh has
no diplomatic relations with Israel and travel to Israel is illegal for
Bangladeshi citizens. Intelligence forces claim that documents found in
Chaudhury’s briefcase – in particular the text of his speech and reports on
the human rights situation in Bangladesh – provide evidence to support
the charges against him. He is accused of having links to an Israeli intelligence
agency and is said to have been under surveillance for several
months. Chaudhury denies the charges. Choudhury is known for his
work to improve relations between Muslim countries and Israel, and has
written articles against anti-Israeli attitudes in Muslim countries and
about the rise of al-Qaeda in Bangladesh which had reportedly sparked
debate in the Bangladeshi press and government prior to his arrest.
Chaudhury was recently named head of the Bangladeshi branch of the
International Forum for the Literature and Culture of Peace (IFLAC), an
organisation of writers who campaign for peace. Honorary member of:
USA West PEN Centre.
Investigation
*Abdul Mahbud MAHU: Journalist with the daily Ajker Desh Bidesh.
Reportedly arrested under the Special Powers Act on 14 February 2004
following pressure by a Bangladesh National Party (BNP) leader for his
critical articles. WiPC checking whether still detained.
Attacked
*Dr Humayun AZAD: Leading writer and lecturer at Dhaka University.
Reportedly attacked on 27 February 2004 by unknown assailants while
he was waiting for a rikshaw to go home after leaving a national book
fair. He went into a coma after he was stabbed three times by unidentified
assailants, who also detonated a home-made bomb which sent people
running for cover and allowed the assailants to flee. The exact motive for
the attack is not known, but family members believe it was carried out by
religious groups who had been reportedly sending death threats to him.
Threats were reportedly made against him after the publication of his
book “Pak Sar Zamin Saad Baad” (‘the first line of the Pakistani national
anthem’), a story based on religious groups in Bangladesh who collaborated
with the Pakistani army during the 1971 independence war. He was
treated at a military hospital in Dhaka. His family is reported to have
been receiving threats from unknown callers telling them not to seek
legal action against those responsible for the attack.
*Mainul Hossain CHAWDHURY: Reporter for the Bangladeshlanguage
daily Ajker Kagoj. Reportedly beaten by police whilst covering
a student demonstration at Dhaka University on 2 March 2004. Police
reportedly used batons and tear-gas to disperse the crowd, who had gathered
to protest the attack against writer and lecturer Dr Humayun Azad
(see above). Chawdury reportedly received treatment for a broken leg
and head injury.
33

34
*Sumi KHAN (f): Chittagong correspondent for the magazine Weekly
2000. Reportedly stabbed and critically wounded on 27 April 2004. The
attack took place in an apparent kidnap attempt at about 10.30pm as she
was travelling to a courier delivery service to send a report to her editor.
Sumi Khan lost consciousness and was taken to hospital for treatment.
Sumi Khan has written a number of investigative articles about the
alleged involvement of local politicians and religious groups in attacks
on members of minority communities, kidnapping and land grabbing by
some landlords. In recent weeks she had received several anonymous
threatening telephone calls, warning her not to ‘defame’ people in her
reports. She has filed a complaint with the police about the attack, but so
far no-one has been arrested. Sumi Khan reportedly received more
threatening phone calls as she recuperated at her home.
*Iqbal HASAN: Correspondent of the daily Janakantha. Reportedly
attacked by armed supporters of the ruling Bangladesh National Party
(BNP) on 9 February 2004. The attack is thought to be connected to an
article Hasan had published about arson attacks allegedly carried out by
BNP members on the homes of opposition Awami League supporters.
*Delwar HOSSAIN: Correspondent for the Bangla-language daily
Jugantor. Reportedly shot by two unidentified assailants in Dhaka on 4
April 2004. He was seriously injured but is recovering in hospital after
surgery. The attack is thought to be connected to his reporting on the
activities of a local criminal group. Hossain claims to have received
death threats from the group before the shooting.
*Mozaffar RAHMAN: Reporter with the Bengali-language daily
Patradut. Reportedly assaulted by prison guards on 22 June 2004 whilst
visiting Satkhira jail in southwestern Bangladesh. The assault is thought
to be linked to the publication of an article in the daily Kafela accusing
prison guards of extortion.
*Mokarram Hossain SUVO: Correspondent for the daily Prothom Alo.
Reportedly attacked on 12 February 2004 by Jatiyatabadi Chhatra Dal
(JCD) members, the student wing of the BNP, over an article by his
editor criticising the BNP and JCD.
Death threats
*Mizamure RAHMAN, Kallayan BANERJEE, Subash
CHOWDHURY, Ram KRISHNA, Shahin GOLDAR, Kazi DULAL,
Abdul KALAM, Abdul BARI and M.RAJU. Correspondents for
Dhaka-based dailies. All named as targets by the outlawed Maoist group
‘The People’s War’ in a letter sent to the Khulna regional press club on
22 January 2004 by the leader of the ‘The People’s War’ Gaffar Tushar,
who also claimed responsibility for the murder of Manik Saha (see
‘Killed’ above). All nine are said to have written about ‘The People’s
War’s’ illegal activities in the region, in particular extortion.
*Zahangir Alam AKASH, Samir Kumar DEY, Hasan MILLAT,
Prashanta SAHA, ANISUZZAMAN, Anwar ALI, Anu MUSTAFA,
Saidur RAHMAN: Reporter for the daily Dainik Sangbad, correspondent
of the daily Jugantor, editor of the daily Sonali Sangbad, assistant
editor of the daily Upachar, correspondent of the daily Janakantha,
correspondent with the English-language The Daily Star, correspondent
with the daily Prothom Alo and correspondent with the daily Bhorer
Kagoj respectively. Reportedly received death threats from an underground
communist group affiliated to the Purbo Banglar Communist
Party (PBCP) on 11 February 2004 for their reporting on the group’s
activities. The PBCP had allegedly claimed responsibility for the murder
of journalist Manik Saha (see above).
*Golam MORTAZA: Journalist with the Bengali weekly news magazine
Shaptahik 2000. Reportedly received telephone death threats in March
2004 by unidentified men. He is known for articles on corruption, Islamic
radicals and criminal gangs.
Facing trial
Taslima NASRIN (f): Writer and columnist. Reported to have been
publicly condemned to death for ‘blasphemy’ and a reward given for her
execution on 16 September 1993 by members of an armed militant
Muslim group, due to her novel Lajja (Shame). In an interview published
in an Indian daily newspaper, The Statesman, Nasrin allegedly stated that
the Koran should be revised and that some parts discriminated against
women. The publication of the article triggered demonstrations calling
for Nasrin’s execution. On 4 June 1994, Nasrin was charged with ‘deliberate
and malicious intention of hurting the religious sentiments’ in
connection with the Indian newspaper comments. Could face two years
in prison, if convicted. Nasrin went to Europe on 10 August 1994. Trial
started in Dhaka on 10 December 1994 in Nasrin’s absence, and was not
expected to conclude for some tim. WiPC checking whether still in
process. Her latest novel, Wild Wind, was banned in 2002 by the authorities
on the strength of its allegedly ‘anti-Islamic’ content. Wild Wind is
the sequel to My Girlhood, published in 1999, which was also banned in
Bangladesh for blasphemy. In 2001, however, her novel French Lover did
appear in Bangladeshi bookshops, the first to do so since Nasrin left the
country. She remains abroad. Honorary member of: Canadian, USA
West, French, Swedish, Swiss German, English, Austrian and American
PEN.
Free on bail pending trial
Shahriar KABIR: Eminent writer and journalist. Date of arrest: 22
November 2001 Details of arrest: Detained at Dhaka Zia International
airport on 22 November 2001 by members of the Special Branch Police
Force. He was returning from Kolkata, India, where he had been interviewing
Hindus who had recently fled persecution in Bangladesh. An
official statement issued by the Home Ministry on 24 November 2001
claimed that Kabir was detained for possessing material containing
“…objectionable and misleading statements that are detrimental to
communal harmony and subversive of the state”, and “tarnishing the
image of Bangladesh and of the government in the outside world”. It is
widely believed that he was detained for writing articles, giving interviews
and taking video footage of Hindus who have fled Bangladesh
following attacks against them in the wake of the 1 October 2001 parliamentary
elections. Details of trial: Formally charged with treason on 8
December 2001, and his detention order was extended by three months.
On 12 January 2002 a High Court bench declared the extension of
Kabir’s detention order illegal and ordered his release. However he
continued to be held until a separate High Court bench ordered his
release on interim bail for six months pending his treason trial. Released
on bail from Dhaka Central Jail on 20 January 2002. Kabir was again
arrested on 8 December 2002 and held incommunicado until 8 January
2003, when a High Court order declared his detention illegal. He reportedly
suffered a heart attack in prison but his family and doctors were
unable to see him. Case still pending as of 30 June 2004. Professional
details: Shahriar Kabir is a regular contributor to the national Bengalilanguage
daily Janakantha, author of several books about Bangladesh’s
war for independence, and a documentary film-maker. Other information:
On 5 February 2002 Kabir was apparently targeted in a bomb attack
on Chittagong Press Club, where he was attending a reception to celebrate
his release on bail. He was unhurt, although one bystander was
killed and several others injured in the blast.

CAMBODIA
Case closed
In Chan SIVUTHA: Editor of the Light of Angkor (Rasmei Angkor).
Formally charged with inciting crimes and discrimination and disseminating
false information in connection with the anti-Thai riots in Phnom
Penh in early 2003. Case closed for lack of further information.
CHINA
Main cases
CHEN Yanbin (Yanlin)
Dob: c. 1967. Profession: Student, co-editor of Tielu (Iron Currents)
Date of Arrest: late 1990. Sentence: 15 years plus four years’ deprivation
of political rights, reduced by 3 months in 1998. Expires: 12 June
2005 Details of arrest: Accused of “counter revolution” for his involvement
in the peaceful ‘Chinese Revolutionary Democratic Front’, in
particular its publication ‘Iron Currents’ which carried items on the
Tiananmen Square crackdown. Details of trial: Sentence passed 5
March 1991 Place of detention: Beijing No 2 Prison Other details:
Sentenced with Zhang Yafei (below) Honorary member of: Finnish and
German PEN Centres.
GAO Qinrong
Profession: Xinhua state news agency reporter. Date of arrest: 4
December 1998 Sentence: 13 years imprisonment Expires: 3 December
2011 Details of trial: Convicted in a closed, one-day trial on 28 April
1999 on charges which are believed to have included bribery, embezzlement
and pimping. It is thought that the charges against him are trumpedup,
and that the real reason for his arrest is a report he published alleging
corruption in an irrigation project set up in drought-plagued Yuncheng,
Shanxi Province. No local officials have been called to account in
connection with these allegations, and Gao’s imprisonment was kept
secret until 14 March 2000, when CNN International aired a story about
his case. Place of detention: Qixian Prison, Shanxi Province. Honorary
member of: PEN Canada.
GUO Qinghai
D.o.b.: 1965 Profession: Freelance writer and economist. Date of
arrest: September 2000 Sentence: 4 years’ imprisonment Expires:
September 2004 Details of arrest: Arrested on charges of “subverting
state power” for publishing articles and editorials on the Internet. The
charges are believed to relate to articles Guo wrote discussing the case of
his friend Qi Yanchen, which he published on foreign news sites. Qi
Yanchen (see below) is serving a four-year prison term for subversion for
articles he published on the Internet. Details of trial: Reportedly
sentenced on 26 April 2001 to four years’ imprisonment following a
short closed trial. Place of detention: Cangxian Prison, Cangzhou,
Hebei Province, P.R.China. Honorary member of: PEN Canada.
HE Depu
D.o.b: 28 October 1956 Profession: Dissident activist/writer. Date of
arrest: 4 November 2002 Sentence: Eight years in prison. Expires: 3
November 2010 Details of arrest: Arrested from his home and has since
been held incommunicado. He was a signatory of the open letter of 20
November 2002 calling for political reform (see JIANG Lijun, Ouyang
YI and ZHAO Changqing below). Details of trial: Tried on 14 October
2003 in a two-hour trial on charges of “inciting subversion” for collaborating
with the banned Chinese Democratic Party (CDP) and publishing
essays on the Internet. Sentenced on 6 November 2003 to eight years in
prison. On 20 December 2003 Beijing’s Court No.1 dismissed He Depu’s
application for an appeal. Health concerns: Said to be in very poor
health, to have lost a great deal of weight and to be suffering from a liver
complaint. Treatment in prison: Ill-treated in prison and denied access
to family visits. Professional details: Took part in the Democracy Wall
Movement in 1979 and founded the magazine Beijing Youth which was
subsequently banned. Helped launch the now-banned China Democracy
Party (CDP). Previous political imprisonment/problems: Lost his job
with the Social Sciences Academy after standing as a candidate in the
local election in 1990. Briefly detained several times for his political
activities.
HUANG Qi
D.o.b.: 1965. Profession: Internet publisher. Date of arrest: 3 June
2000. Sentence: 5 years’ imprisonment Expires: 2 June 2005 Details of
arrest: Reportedly arrested with his wife Zeng Li in the city of Chengdu
on 3 June 2000. Zeng Li was released on 6 June 2000, but on 21 August
2000 Huang was formally charged under Articles 103 and 105 of the
Criminal Code with “instigation to subvert state power”. Articles 103 and
105 of the Criminal Code punish actions that involve “organising
national separatism, destroying national unity”, “organising, plotting or
carrying out activities aimed at subverting state political power”, and
“overthrowing the socialist system”. The indictment cited allegedly
“subversive” material posted by Huang on his Tianwang Web-site
(www.6-4tianwang.com) between March and June 2000, including articles
about the pro-democracy movement, the Xinjiang independence
movement and the banned spiritual group Falun Gong. Details of trial:
He was reportedly tried in a closed trial on 14 August 2001 at the
Chengdu Intermediate Court, and on 9 May 2003 the court sentenced
Huang to 5 years in prison and one years’ deprivation of political rights.
The case has reportedly been sent back to the prosecutor twice, apparently
for lack of evidence. Sentence upheld on appeal in August 2003.
Place of detention: Was reportedly moved in September 2003 from
Chengdu No.1 Detention Centre to Chuan Zhong prison, Sichuan
Province, 200km east of Chengdu. Treatment in prison: Reportedly illtreated
in prison. According to sources within China, on 25 September
2000 he was beaten in detention by three policemen. The beating reportedly
caused him the loss of one front tooth and a three-centimetre-long
scar on his head. His wife and young son have reportedly been unable to
visit him since his arrest, and he has allegedly been denied essential
medication in detention. Held virtually incommunicado. Said to have
been transferred in October 2003 to a harsh prison regime. Other information:
Awarded the Reporters Sans Frontiers (RSF) 2004 Internet
Freedom Prize.
*JIANG Lijun
Profession: Internet writer. Date of arrest: 6 November 2002 Sentence:
4 years in prison. Expires: 5 November 2006 Details of arrest: Arrested
for his participation in an open letter to China’s 16th Party Congress
calling for political reform (see He Depu above and Ouyang Yi and
Zhao Changqing below). For the first four months of his detention his
wife was reportedly unable to obtain any documentation regarding his
arrest or his whereabouts. However, on 25 March 2003 she was told by
the Beijing Public Security Bureau that her husband had been charged on
14 December 2002 with ‘incitement to subvert state power’. Details of 35

36
trial: Reportedly sentenced on 28 November 2003 to four years imprisonment
on subversion charges. Place of detention: Quincheng Prison,
Beijing.
JIANG Weiping
Profession: Former Dalian bureau chief for the Hong Kong-based newspaper
Wen Hui Bao and reporter for the state news agency Xinhua. Also a
published poet. Date of arrest: 4 December 2000 Sentence: Six years’
imprisonment. Expires: 3 December 2006 Details of arrest: Reportedly
arrested after publishing a number of articles in the Hong Kong-based
monthly magazine Qianshao (Frontline) reporting on corruption scandals
in north-eastern China. Jiang is said to have written the Frontline
articles between June and September 1999 under various pen-names. His
coverage exposed several major corruption scandals involving high-level
officials, two of whom were prosecuted. Charged in May 2001 with
“revealing state secrets”, “instigating to overthrow state power” and “illegally
holding confidential documents”. Details of trial: He was reportedly
tried in secret at the Dalian Intermediate Court, Liaoning Province,
on 5 September 2001. He was sentenced to eight years’ imprisonment in
January 2002 on charges of revealing state secrets and inciting to subvert
state power. On 26 December 2002 his sentence was reduced to six
years’ on appeal. Other information: Recipient of CPJ 2001
International Press Freedom Award. Has published two books of poetry.
The couple have a young daughter, who is staying with relatives.
Honorary member of: English PEN.
KANG Yuchun
D.o.b.: 1965. Profession: Former doctor. Date of Arrest: 29 May 1992
Sentence: 17 years in prison, reduced by a total of one year and seven
months in 1998 and 1999. Expires: 28 October 2007. Details of Trial:
Formally charged on 27 September 1994. Tried with 16 others (see Liu
Jingsheng below) on accusation of being members of counter-revolutionary
organisations, most notably Chinese Progressive Alliance -
which opposes one-party rule, Liberal Democratic Party of China and
Free Labour Union of China which calls for increased workers’ rights.
Among the charges against him was that he commissioned people to
write articles and set up Freedom Forum, the magazine of the Chinese
Progressive Alliance. Sentenced on 16 December 1994 to 12 years’
imprisonment for “organising and leading a counter-revolutionary
group” and an additional 7 years in prison for “counter-revolutionary
propaganda”, combined as 17 years. Sentence reduced in 1988 and 1999
by a total of one year and seven months. He is now due for release on 28
October 2007. Place of detention: Beijing No.2 Prison. Treatment in
prison: Said to have been ill-treated in prison. Health concerns:
Reportedly said to be in poor health, suffering from heart problems for
which he has allegedly been denied medical treatment. Honorary
Member of: English and German PEN.
*LI Zhi
D.o.b.: 1971. Profession: Internet writer and financial official in the
Dazhou municipal government, Sichuan Province. Date of arrest: 8
August 2003 Sentence: 8 years in prison Expires: 7 August 2011
Details of arrest: Reportedly arrested on 8 August 2003 by Sichuan
Province State Security Police after posting an essay on an overseas
website accusing Sichuan officials of corruption. Officially charged on 3
September 2003 with ‘conspiracy to subvert state power’. Details of
trial: Sentenced to eight years in prison on 11 December 2003 by the
Dazhou Intermediate People’s Court.
LIU Jingsheng
D.o.b.: c.1950. Profession: Co-edited and distributed Tansuo
(Explorations) magazine in late 1970s with well-known dissident Wei
Jingsheng and has been involved in peaceful opposition activities. Date
of Arrest: 28 May 1992. Sentence: 15 years in prison, reduced by a total
of one year and three months for “good behaviour” in 2000 and 2001.
Expires: 27 February 2006. Details of Trial: Tried with 16 others (see
Kang Yuchun above) on accusation of being members of counter-revolutionary
organisations, most notably Chinese Progressive Alliance,
Liberal Democratic Party of China and Free Labour Union of China
which calls for increased workers’ rights. Liu accused of having leading
role in Liberal Party and in drafting and disseminating documents
concerning Preparatory Committee of Free Labour Union. Also accused
of distributing pro-democracy leaflets around 4 June 1992, and of
involvement in production of journal Freedom Forum and a statement on
China’s human rights situation. Allegedly wrote some of the leaflets,
printed more than 6,000 copies and prepared with others to disseminate
them. Trial began on 14 July 1994. Sentenced on 16 December 1994 to 8
years in prison for leading a “counter-revolutionary group” and another 8
years in prison for “counter-revolutionary propaganda”. The sentences
were combined to make a total of 15 years in prison and four years’
deprivation of political rights. His sentence has been twice reduced in
prison for “good behaviour”, once in May 2000 and again in July 2001,
by a total of one year and three months. He is due to be released on 27
February 2006. Place of Detention: Beijing Prison No.2 (also known as
Yanqing Prison). Previous Political Imprisonment/Problems:
Detained with Wei Jingsheng from March to late 1979. Other Details:
Married with daughter. Recipient of 1998 PEN American Centre
Freedom-to-Write Award. Honorary Member of: English, Swedish,
New Zealand, German, American and Netherlands PEN.
*LU Zengqi and YAN Qiuyan
Profession: Falun Gong members and internet writers/publishers. Date
of arrest: Not known. Sentence: 10 years in prison respectively.
Expires: 2014 Details of trial: Sentenced by Court No.1 in Chongqing,
western China, on 19 February 2004 to ten years in prison each for
writing and publishing respectively an online publication which
according to the court verdict “tarnished the image of the government by
broadcasting fabricated stories of persecution suffered by cult members”.
The newsletter alleged the ill-treatment in prison of a fellow Falun Gong
member.
LUO Yongzhong
Profession: Internet writer/activist and stall-holder. Date of arrest: 13
June 2003 Sentence: 3 years in prison. Expires: 14 June 2006 Details of
arrest: Arrested at his home in the northeastern city of Changchun, Jilin
Province. Police also seized written material and computer equipment.
Details of trial: Sentenced on 14 October 2003 by Changchun
Intermediate Court on subversion charges for posting articles on-line
between May and June 2003 which ‘attacked the socialist system, incited
to subvert state power, and created a negative influence on society’.
Specific articles were cited as evidence, including ‘At last we see the
danger of the Three Represents!’, a reference to a political theory formulated
by former president Jiang Zemin, and ‘Tell today’s youth the truth
about June 4’. According to the court papers, the articles were published
in online forums including Shuijing (Crystal). Luo, who has a physical
disability, has also written a number of articles advocating for the rights
of disabled people, and is said to have published over 150 articles on-line

commenting on current affairs and criticising the government. Place of
detention: No.3 Detention Centre, Changchun.
*MA Yalian (f)
Profession: Internet writer. Date of arrest: March 2004 Sentence: 18
months’Reform Through Labour. Expires: September 2005 Details of
trial: Administratively sentenced on 19 March 2004 for posting articles
on the Internet alleging failings in China’s complaints system for citizens.
The articles alleged the harassment of citizens who express dissatisfaction
with the authorities, and were posted on the legal website
www.chineselawyer.com.cn and www.dajiyuan.com, a website run by
the Falun Gong. Previous political imprisonment/problems:
Sentenced to one year’s RTL in August 2001 following several
complaints she had filed after being evicted from her Shanghai residence
as a result of an urban development plan.
TAO Haidong
Profession: Internet writer and editor. Date of arrest: 9 July 2002.
Sentence: Seven years’ imprisonment. Expires: 8 July 2009. Details of
arrest: Arrested from his home in Urumqi, Xinjiang while in the process
of posting articles on the internet. Details of trial: His trial began on 8
January 2003, and was conducted in secret at the Urumqi People’s Court.
He was found guilty of having posted material on the internet that
allegedly incited people to subvert the government, and was sentenced to
seven years’ imprisonment. His sentencing was disclosed by the Official
People’s Court Daily on 16 February 2003, but the date of the court’s
decision is unknown. According to articles in the Urumqi local press Tao
Haidong was arrested on suspicion of espionage after having posted articles
on both Chinese and overseas websites predicting the collapse of
China’s economy and criticising China’s leaders. Place of detention:
Urumqi Dadaowan Detention Centre. Previous political imprisonment/problems:
Tao Haidong previously completed three years of
‘Reform through Labour’ for editing a book entitled ‘Imaginings of a
New Human Race.’ He was released in January 2001 and subsequently
became active on the internet, often without using a pseudonym.
Tohti TUNYAZ (pen-name MUZART)
D.o.b.: 1 October 1959 Profession: Ethnic Uighur historian and writer.
Date of arrest: 1 April 1998 Sentence: 11 years imprisonment and two
years’ deprivation of political rights. Expires: 31 March 2009 Details of
arrest: Reportedly first arrested on 6 February 1998 in Urumchi,
Xinjiang Uighur Autonomous Region, whilst on a research trip. He was
charged on 10 November 1998 with “inciting national disunity” and
“stealing state secrets for foreign persons” (later amended by the
Supreme Court to “illegally acquiring state secrets”). Tohti Tunyaz was
studying for a Ph.D in Uighur history and ethnic relations at Tokyo
University, Japan, at the time of his arrest, and the charges against him
are believed to be linked to his research, and specifically a book allegedly
published by Tohti in Japan in 1998 entitled The Inside Story of the Silk
Road, which according to the Chinese government advocates ethnic
separation. No such book appears to exist. Details of trial: He was
convicted on 10 March 1999 by the Urumqi Intermediate People’s Court
and, following an appeal, sentenced by the Supreme Court on 15
February 2000 to five years’ imprisonment for ‘stealing state secrets’ and
seven years’ imprisonment for ‘inciting national disunity’, combined as
eleven years’ imprisonment and two years’ deprivation of political rights.
Place of detention: Xinjiang Uighur Autonomous Region Prison No.3,
Urumqi. Professional details: Tohti graduated from the history department
of the Central Institute of Nationalities, Beijing, in 1984 and was
assigned to work for the China National Standing Committee. During
this time he reportedly formed a close relationship with former Xinjiang
governors Seyfudin Eziz and Ismail Emet, and was involved in the translation
of Eziz’s works. He started studying for his Ph.D at Tokyo
University in 1995, specialising in the history of Chinese policy toward
minority peoples in the 19th and 20th centuries. He was still completing
his studies at the time of his arrest. He has reportedly published several
papers on Uighur history in Japan, and has published a book on Uighur
history in 1995 in Beijing. Other information: Has a wife and children
in Japan. Tohti Tunyaz is from Bay County, Aksu prefecture, Xinjiang
Province, North West China. He adopted the name of the biggest river
‘Muzart’ in Bay County as his pen-name. Recipient of 2002 PEN
America/Barbara Goldsmith Freedom to Write Award. Adopted by the
UN Working Group on Arbitrary Detention on 17 May 2001. Honorary
member of: English, Perth, Catalan, Japan, American, Liechenstein and
Canadian PEN.
WU Shishen
D.o.b.: c.1960. Profession: Editor for Xinhua news agency. Date of
Arrest: 26 October 1992. Sentence: Life imprisonment. Details of
Arrest: Accused of giving foreign reporter an advance copy of General
Secretary Jiang Zemin’s speech to 14th Party Congress. Said to have
been paid 30,000 yuan (US$865) by Hong Kong Express reporter.
Details of Trial: Trial said to have been in secret before Beijing
Municipal Intermediate People’s Court. Sentenced in April 1993 to life
imprisonment. Xinhua only announced the sentence on 30 August 1993.
Said by Chinese press to have regularly sold secret documents and to be
`engineer of the crime and the principal culprit’. Place of Detention:
Beijing No.2 Prison. Honorary member of: Norwegian and Danish
PEN.
XU Wei, JIN Haike, Yang Zili, and ZHANG Honghai
Profession: Reporter for Xiaofei Ribao (Consumer Daily), geologist and
writer, writer and computer engineer, and freelance writer respectively.
Date of arrest: 13 March 2001 Sentence: Xu Wei and Jin Haike were
sentenced to ten years in prison, and Yang Zili and Zhang Honghai to
eight years. Expires: 12 March 2011 (Xu Wei and Jin Haike) and 12
March 2009 (Yang Zili and Zhang Honghai) respectively. Details of
arrest: Arrested on 13 March 2001 and charged with ‘subversion’ as a
result of their participation in the ‘Xin Qingnian Xuehui’ (New Youth
Study Group), an informal gathering of individuals concerned with political
and economic inequalities who used the internet to circulate relevant
articles. Details of trial: On 28 September 2001, the Beijing
Intermediate Court initiated legal proceedings against the four focusing
on two essays circulated on the internet entitled ‘Be a new citizen, reform
China’ and ‘What’s to be done’, which allegedly demonstrated the
groups’ intention to “overthrow the Chinese Communist Party’s leadership
and the socialist system and subvert the regime of the people’s
democratic dictatorship”. No verdict was announced at the time, and
proceedings against the four writers re-commenced on 21 April 2003.
Lawyers for the four men argue that the failure to issue a verdict in the
case violates China’s Criminal Procedure Law, which stipulates that a
court must pronounce judgement within six weeks of accepting a case.
On 28 May 2003 Xu Wei and Jin Haike were sentenced to ten years in
prison, and Yang Zili and Zhang Honghai to eight years. Their appeal
was reportedly heard on 3 November 2003, but no verdict has been
announced. Other information: Xu Wei has been awarded one of the 37

38
2003 Canadian Journalists for Free Expression (CJFE) International
Press Freedom Awards. Honorary member of: Ghanaian PEN.
XU Zerong
D.o.b.: 1956 Profession: Research professor at Zhongshan University,
Guangzhou. Date of arrest: 24 June 2000 Sentence: 13 years’ imprisonment.
Expires: 23 June 2013 Details of arrest: Arrested in the city of
Guangzhou, south China, and formally charged on 25 July 2000 in
connection with “the illegal publication of books and periodicals...since
1993”. According to official sources, Xu had confessed to his crimes.
Details of trial: Sentenced on 20 December 2001 by Shenzhen
Intermediate Court to ten years’ imprisonment for leaking state secrets
and five years’ imprisonment for illegal business activities, combined as
13 years in prison. It appears that the first set of charges relate to his use
of documents concerning Chinese military operations in the Korean War
(1950-53), gathered in the course of his research; the second set of
charges are thought to relate to the allegedly illegal publication of books
and periodicals and the sale of book authorisation numbers since 1993.
Xu’s conviction was upheld on appeal in late December 2002 by the
Guangdong Province Higher People’s Court. Place of detention:
Dongguan prison. Professional details: Xu’s research specialised in
Chinese Communist Party history, military history and China’s relations
with Southeast Asia. He received his doctorate from St. Anthony’s
College, Oxford University, in 1999. His doctoral thesis covered Chinese
military intervention into the Korean War. In the 1980’s, Xu moved to
Hong Kong where he gained permanent residency. Whilst there he
reportedly set up a publishing house and was active in publishing the
journal Chinese Social Sciences Quarterly. He was also reportedly an
assistant researcher for the official Xinhua News Agency. At the time of
his arrest, Xu held the positions of Associate Research Professor at the
Institute of Southeast Asian Studies (Zhongshan University, Guangzhou)
and Affiliated Professor of the Provincial Guangzhou Academy of Social
Sciences. Honorary member of: Ghanaian PEN.
YAN Jun
D.o.b.: 1973 Profession: Biology teacher and well-known dissident.
Date of arrest: 2 April 2003 Sentence: 2 years’ imprisonment Expires:
1 April 2005 Details of trial: Charged with subversion and tried in
closed proceedings at the Xi’an Intermediate People’s Court on 24
October 2003 for posting “subversive” articles on the Internet. His writings
reportedly called for a review of the sentencing of students arrested
in connection with the 1989 pro-democracy protests, the release of Zhao
Ziyang, former Communist Party Secretary General, and criticised the
lack of press freedom in China. He has also reportedly participated in
open letters calling for political reform. Sentenced to two years in prison
on 8 December 2003. Health concerns: Said to have been subject to
repeated beatings by other prisoners, and to have needed hospital treatment
on 28 June 2003 for a broken nose. Treatment in prison: Said to
have been subject to repeated beatings by other prisoners throughout his
detention orchestrated by security forces. Previous political imprisonment/problems:
Previously detained for three months in 1993.
*YI Ouyang
D.o.b.: 1968. Profession: Teacher, political dissident and internet writer.
Date of arrest: 4 December 2002 Sentence: Two years’ imprisonment.
Expires: 3 December 2004. Details of arrest: Reportedly arrested for
inclusion in an open letter to China’s 16th Party Congress calling for
political reform. The letter reportedly included the following political
demands: a reassessment of the 1989 democracy movement; the return of
political exiles; the restoration of the political rights of the former
Chinese Communist Party General Secretary Zhao Ziyang, who was
ousted from government and placed under house arrest on 23 June 1989
for advocating a dialogue with the students demonstrating in Tiananmen
Square; the release of all prisoners of conscience; China’s ratification of
the International Covenant on Civil and Political Rights; national elections.
Six other signatories of the letter were also arrested and have since
been convicted (see He Depu and Jiang Lijun above and Zhou
Changqing below). After his arrest police searched his home and confiscated
a number of articles that he had posted on the internet. On 7
January 2003 the Public Security Bureau of Sichuan’s provincial capital
Chengdu charged Ouyang Yi with subversion. Details of trial: Tried in
secret at Chengdu Intermediate People’s court on 16 March 2004 on
charges of ‘incitement to subvert state power’ and sentenced to two years
in prison. No prior notice was given to his family or lawyer, who was
unable to represent him in court. Place of detention: Chengdu
Municipal Detention Centre, Sichuan Province. Professional details: He
has been active in the pro-democracy movement since 1989, and in 1998
joined the banned China Democratic Party. He has published many political
essays on-line.
YU Dongyue
D.o.b.: c. 1967. Profession: Art editor of Liuyang Daily. Date of Arrest:
22 May 1989. Sentence: 20 years imprisonment and five years’ deprivation
of civil rights, commuted to eighteen years in September 2000.
Expires: 21 May 2007 Details of Arrest: Arrested with two others for
throwing paint-filled eggs and ink at Mao’s portrait in Tiananmen
Square, Beijing. Had travelled to Beijing on 19 May 1989, possibly as
delegates of the Hunan Delegation in Support of the Beijing Students.
Also accused of taking part in pro-democracy demonstrations in Hunan.
Details of Trial: Charged on 11 July 1989 and sentenced on 11 August
1989 by Beijing Intermediate Court to 20 years’ imprisonment and five
years’ deprivation of civil rights for ‘counter-revolutionary propaganda,
sabotage and incitement’. Sentence reportedly reduced by two years in
September 2000 because according to government officials “he has
repented his crimes”. Place of Detention: Ruanjiang Prison, Hunan.
Health Concerns: He is reported to be suffering extreme psychological
disturbance as a result of treatment in prison, and is said to have lost
control of some bodily functions. Treatment in Prison: Has reportedly
refused to confess which is said to have resulted in severe beatings by the
prison authorities and imprisonment in ‘strict regime’ unit in solitary
confinement (reportedly held in tiny windowless damp cell) for at least
two years. Honorary Member of: Melbourne, Canadian and Czech
PEN.
ZHAO Changqing:
D.o.b.: 1967. Profession: Leading Xi’an-based dissident. Date of
arrest: 7 November 2002 Sentence: 5 years in prison Expires: 6
November 2007 Details of arrest: Reportedly arrested after drafting an
open letter to China’s 16th Party Congress calling for political reform.
The letter was signed by 192 opposition activists, several of whom were
also detained, including He Depu, Ouyang Yi and Jiang Lijin (see
above). The letter reportedly included the following political demands: a
reassessment of the 1989 democracy movement; the return of political
exiles; the restoration of the political rights of the former Chinese
Communist Party General Secretary Zhao Ziyang, who was ousted from
government and placed under house arrest on 23 June 1989 for advo-

cating a dialogue with the students demonstrating in Tiananmen Square;
the release of all prisoners of conscience; China’s ratification of the
International Covenant on Civil and Political Rights; national elections.
Charged on 25 June 2003 with inciting subversion of state power. Details
of trial: His trial began on 10 July 2003 at the Xi’an Intermediate
People’s Court and he was sentenced on 4 August 2003 to five years’
imprisonment. Health concerns: Said to be suffering from tuberculosis
at the time of his arrest, and his health is thought have significantly deteriorated
in prison. Transferred to a prison infirmary for several months
but subsequently returned to prison. Place of detention: Xi’an
Municipal Public Security Bureau. Treatment in prison: Held incommunicado
and feared to be at risk of ill-treatment. Previous political
imprisonment/problems: Previously served two years in prison for
endangering state security, released in February 2001; also detained in
1989 for his involvement in the Beijing pro-democracy protests.
Investigation
*CHEN Yizhong: Editor-in-chief of the Guanzhou daily Nanfang Dushi
Bao. Arrested in Sichuan province on 19 March 2004 and taken back to
Guanzhou on suspicion of corruption (see Yu Huafeng and Li Minying
above). Held at Guanzhou Number One Detention Centre. Had been
briefly detained on 6 January 2004 and interrogated about the newspaper’s
financial activities. It is thought that the newspaper may be
targeted for its reporting on Severe Acute Respiratory Syndrome (SARS)
and other politically sensitive issues. Remains detained as of 30 June
2004.
*LIU Shui: D.o.b.: 1967. Freelance journalist, has reportedly worked for
a number of publications including Nanfang Dushi Bao (Southern
Metropolis News) and Shenzhen Wanbao (Shenzhen Evening News).
Reportedly arrested on 2 May 2004 in Shenzhen with a friend on charges
of “soliciting prostitution”. Taken to a detention centre, and the following
day his friend was released. Liu was reportedly transferred to Xili
Detention Centre in Shenzhen, where he was administratively sentenced
to two years’ “custody and education”, a form of administrative detention
specifically designed for accused prostitutes and their clients. In
recent months Liu Shui had published a number of essays, news reports
and poems online. Prior to his arrest, Liu is said to have written a number
of essays commemorating the June 4 1989 military crackdown on the
pro-democracy movement, advocating the release of political prisoners
and calling for political reforms. Many of his essays were posted on overseas
Chinese-language web sites. Previously detained in 1994 when he
was sentenced to three years imprisonment for editing a book ‘The Truth
About the June 4th Incident’. Also briefly detained in 1998. WiPC
seeking confirmation that he is currently being targeted for his writings.
*YU Huafeng and LI Minying: Deputy editor-in-chief and general
manager, and former editor respectively, of the the Guangzhou-based
daily Nanfang Dushi Bao (Southern Metropolis News). Yu Huafeng was
sentenced by the Dongshan District Court in Guanzhou, Guangdong
Province, to twelve years in prison on corruption charges on 19 March
2004. Li Minying was sentenced to eleven years for bribery in a related
case. Yu was reportedly detained on 14 January 2004 for alleged financial
irregularities and was convicted for embezzling 580,000 yuan
(US$70,000) and distributing it to members of the newspaper’s editorial
committee. The court also accused Yu of paying Li a total of 800,000
yuan (US$97,000) in bribes while Li was editor of Nanfang Dushi Bao.
Li was convicted of accepting bribes totalling 970,000 yuan
(US$117,000). Both men maintain that the money in question was
acquired legally as staff bonuses. Chinese journalists familiar with the
case report that the evidence presented in court did not support the
charges. Nanfang Dushi Bao is known for its aggressive investigative
reporting on social issues and official corruption, and there are concerns
that the sentences are part of a campaign to silence the newspaper. The
newspaper’s editor-in-chief Chen Yizhong (see below) has also been
arrested in the case. On 15 June 2004 the Intermediate People’s court in
Guangzhou reduced Yu Huafeng’s sentence on appeal to eight years, and
Li Minying’s to six years. WiPC seeking confirmation that the charges
have been levied for their writings.
ZHAI Yujia: Internet writer from Yutai, Shandong Province. Reportedly
arrested in October 2003 and charged with subversion. WiPC seeking
further details.
Brief detention
*DING Ziling (F): Professor, activist and writer. Arrested without a
warrant on 28 March 2004 in her home in the outskirts of Wuxi, Jiangsu
province. Her arrest is believed to be connected to her campaigning on
behalf of the families of the those killed in the suppression of the 1989
pro-democracy protests. Her son was killed on 4 June 1989, and she has
become a prominent spokesperson for the victim’s families. Two other
‘Tiananmen Mother’s’ were arrested with her, and later released. Ding
was reportedly freed on 2 April 2004.
*LU Jiaping: Writer. Reportedly arrested in Beijing in late February
2004. Released in early March 2004 but still under close surveillance.
Released
DU Daobin: Internet writer and member of Independent Chinese PEN
Centre. Arrested on 28 October 2003 and charged with subversion for a
series of 28 articles published on overseas Internet sites. Sentenced on 11
June 2004 to three years in prison, suspended for four years, and
released.
LIU Haofeng: Freelance journalist and dissident. Arrested in March
2001 and sentenced on 16 May 2001 to three years’ Re-education
Through Labour (RTL) on charges of “endangering national security”.
He is thought to have been charged for publishing pro-democracy articles
on the China Democracy Party (CDP) Web-site, and for his membership
of the CDPPresumed freed on expiry of sentence in March 2004.
Case closed
KONG Youping: D.o.b.: 1955. Freelance writer and factory worker
from Anshan, Liaonin Province, north-eastern China. Reportedly
arrested on 13 December 2003 for posting five articles and seven poems
on an overseas website since June 2003 in which he allegedly called for a
review of the events of the Beijing Spring and an end to official corruption.
Case closed for lack of further information.
LI Yibin: D.o.b.: 1974. Internet activist and computer engineer.
Reportedly arrested in Beijing in November 2002. Said to be charged
with subversion and to be awaiting trial in Beijing Detention Centre.
Case closed for lack of further information.
LIAO Yiwu: Writer, poet, novelist and scriptwriter. Arrested on 20
December 2002 by officers of the public security ministry at his home in
Chengdu in the southwest province of Sichuan. His arrest is believed to
have been linked to articles posted on the internet concerning social
inequality. Released without charge shortly after his arrest, case closed.
LUO Changfu: Internet writer. Arrested at his home in Chongqing city
on 13 March 2003. He was later reportedly charged with subversion as a
result of the publication of articles on Boxun.com calling for the immediate
release of Liu Di. Case closed for lack of further information. 39

40
YUAN Langsheng: Internet writer. Detained on 25 March 2003 in
Henan Province following the publication of articles on his website. He
is not believed to have been formally charged. Case closed for lack of
further information.
ZHANG Yuxiang: Internet writer. Arrested at his home in Nanjing on
12 March 2003. He was reportedly taken to the Jiangsu Public Security
Bureau, and then to a guesthouse in Siyang County were he was placed
under house arrest. It is suspected that Zhang was arrested for interrogation
about articles that he had posted on the internet. Case closed for lack
of further information.
CHINA (HONG KONG)
Death Threats
*Albert CHENG King-Hon: Columnist for the daily South China
Morning Post and leading political critic. Said to have been receiving
death threats on a regular basis since February 2004 following his criticism
of the authorities. Cheng was previously attacked on 19 August
1998.
TIBET AUTONOMOUS REGION
Main cases
JAMPEL Changchup (Lay name: Yugyal)
D.o.b.: 1962 Profession: monk from Drepung Gonpa monastery. Date
of Arrest: 13 September 1989. Sentence: 19 years in prison plus five
years deprivation of political rights. Sentence reduced by three years in
August 2003. Expires: 7 April 2005 Details of Arrest: He is thought to
have been detained unofficially on 8 April 1989, although his official
date of arrest is given as 13 September 1989. Details of Trial: Sentenced
on 30 January 1990 for being ‘a main culprit’ in ‘printing leaflets and
forming counter-revolutionary organisations’ and for ‘spying for the
enemy’. Professional Details: Member of Drepung printing group (see
Phulchung below). Place of Detention: Tibet Autonomous Region
Prison (formerly Drapchi Prison), Lhasa. Health Concerns: He is
reported to be suffering from severe kidney problems and deteriorating
eye-sight. Honorary Member of: USA West, Canada and Sydney PEN.
JAMPEL Chunjor
Profession: Buddhist monk from Drepung monastery in Lhasa Date of
Arrest: 1989 Sentence: 19 years in prison Expires: 2008 Details of
Arrest: Accused of taking part in a ‘counter-revolutionary clique’ and
spying. Said to have spread literature on Tibetan independence and tried
to publish information on killings of civilians by police in Lhasa in
March 1989. Details of Trial: Sentenced in mass rally on 30 November
1989. Place of Detention: Tibet Autonomous Region Prison (formerly
Drapchi Prison), Lhasa. Previous Political Imprisonment/Problems:
Had been arrested on 27 September 1987 for taking part in pro-independence
demonstration. Released in January 1988 after signing ‘confessions’
for committing ‘political crimes’ and acknowledging Chinese
sovereignty over Tibet. Honorary member of: Sydney, Danish and
Canadian PEN Centres.
NGAWANG Gyaltsen (Lay name: Ngoegyan)
D.o.b.: c.1960 Profession: monk from Drepung Gonpa monastery. Date
of Arrest: 16 April 1989. Sentence: 17 years in prison plus five years’
deprivation of political rights. Expires: 15 April 2006 Details of
Arrest: Reported to have been arrested while attempting to flee the
country. Details of Trial: Sentenced in November 1989 as ‘accessory
offender’ for ‘actively participating in criminal activities, engaging in
espionage, and illegally crossing the national border’ in connection with
Drepung printing case (see Phulchung below). Also reported that
sentence is in connection with his trying to get information on violence
in Lhasa out of the country. Place of Detention: Tibet Autonomous
Region Prison (formerly Drapchi Prison), Lhasa. Previous Political
Imprisonment/Problems: Had been arrested on 27 September 1987 for
taking part in pro-independence demonstration. Released in January
1988 after signing ‘confessions’ for committing ‘political crimes’ and
acknowledging Chinese sovereignty over Tibet. Honorary Member of:
San Miguel, Sydney, Canada and English PEN.
Ven NGAWANG Phulchung
D.o.b.: c.1958 Profession: senior monk from Drepung monastery near
Lhasa. Date of Arrest: 16 April 1989 Sentence: 19 years in prison plus
nine years’ deprivation of political rights Expires: 15 April 2008 Details
of Trial: Sentenced at a mass rally in November 1989 for producing
political leaflets which ‘venemously slandered the people’s democratic
dictatorship’ and for ‘spying for the enemy’. Place of Detention: Tibet
Autonomous Region Prison (formerly Drapchi Prison), Lhasa. Previous
Political Imprisonment/Problems: Publications of Drepung printing
group included a Tibetan translation of the Universal Declaration of
Human Rights and a Tibetan political manifesto, ‘The Meaning of the
Precious Democratic Constitution of Tibet’, calling for constitutional
democracy. Singled out as the leader of a group of monks who were
secretly producing literature critical of the Chinese govt in early 1988.
Accused of setting up ‘illegal separatist movement’ or ‘counter-revolutionary
clique’ and of ‘collecting information and passing it on to the
enemy, seriously undermining national security’. Honorary Member
of: English, American, Canada, Sydney and Austrian PEN.
Geshe SONAM Phuntsog
D.o.b.: 1951. Profession: Leading Buddhist monk, scholar and Tibetan
language and literature teacher. Date of arrest: 24 October 1999
Sentence: Five years’ imprisonment Expires: 23 October 2004 Details
of arrest: Reportedly detained on suspicion of having “clandestine
contacts” with the Tibetan government-in-exile. His arrest appears to be
linked to the authorities’ concern over his influence in the region and his
apparent loyalty to the Dalai Lama. Thought to have been held incommunicado
for one year and four months until his sentence was pronounced.
Details of trial: Reportedly sentenced to 5 years’ imprisonment in
March 2001 by the Kandze Tibet Autonomous Prefecture People’s
Court. Believed to have been accused of “inciting splittist activities
among the masses”, “travelling to India on an illegal document…[to
seek] an audience with the Dalai Lama…”, and “illegally” conducting
religious ceremonies. Place of detention: Now thought to be held in
Chuandung Prison No.3, Tsangtung Village, Dartsedo County, Kandze,
Sichuan Province, although reports of his whereabouts have varied.
Treatment in detention: Said to be the only Tibetan prisoner in
Tsangtung prison, and to be denied family visits. Feared to be ill-treated
in detention. Health concerns: Reported to be in very poor health and to
be denied adequate medical care. Other information: Has published
two books on Tibetan history. A popular local figure, he was based in
Kandze Dhargyeling monastery, Sichuan province, and was regarded by
the Chinese authorities as a threat to the stability of the nation. His arrest
in October 1999 sparked off major demonstrations in Kandze.

Released
NGAWANG Oeser (also spelt Ngawang Woeser; lay name: Jamyang).
Became a monk at Drepung Gonpa monastery in 1981. Arrested on 18
April 1989 and sentenced to 17 years in prison plus five years’ deprivation
of political rights for his membership of the Drepung printing group
(see Ven NGAWANG Phulchung above). Sentence reduced by two years
in August 2003. Presumed freed on expiry of sentence on 18 April 2004.
INDIA
Investigation Cases
R. R. GOPAL: Editor of the bi-weekly Tamil language magazine
Nakeeran. Arrested on 11 April 2003 for ‘illegal possession of firearms’
and ‘sedition’ and sent to prison in Poonnamalle on 17 April 2003 after
being formally charged under the Prevention of Terrorism Act (POTA) –
the first time the POTA has been used against a journalist. The editor’s
arrest is believed to be connected to the links between the newspaper and
the bandit Veerappan (see Kumar and Sivasubramanian). Gopal has
been frequently interrogated by police. A warrant for his arrest was
issued in February 2003 in connection with his supposed involvement in
two killings attributed to Veerappan. He was granted conditional bail in
March 2003. He is now thought to be released, but is said to have several
cases pending against him.
Krishna KUMAR: Journalist for the fortnightly newspaper Nakeeran.
Arrested on 29 January 2003 from his home in Coimbatore, officially in
connection with the killing of a young woman five years before. He has
reportedly been mistreated in detention. The CID is believed to be
seeking information to link Kumar and other Nakeeran staff to the bandit
Veerappan (see Sivasubramanian). Pressure on the newspaper has
increased since the publication of a book in December 2002 in which a
former police chief accused its editor-in-chief R. R. Gopal of associating
with Veerappan.
SIVASUBRAMANIAN: Reporter for the Tamil-language magazine
Nakkeeran. Reportedly abducted in the town of Salem, Tamil Nadu state,
southern India, on 20 November 2001. Karnataka state police then
announced that he had been arrested for “suspicious trips” and because
of “electronical gadgets” found in his possession. He was initially said to
be held under Articles 212 and 34 of the Indian Penal Code, but was later
reported to have been charged under the Arms Act, which does not
permit release on bail. He is accused of “supporting“ the bandit
Veerappan and “possessing illegal arms and explosives”. On 22
November 2001, the Special Task Force allegedly seized arms, munitions,
explosives and electronic equipment following the journalist’s
confessions. However it is feared that Sivasubramanian may have
confessed under torture. He is held by the Karnataka State Special Task
Force, and nobody has been authorised to visit him. Sivasubramanian is
known for having been the first journalist to interview the notorious
Indian bandit Veerappan, who has managed to elude the police for fifteen
years. He has also played a major role in the negotiations for the release
of hostages held captive by Veerappan. Said to be closely linked to
Veerappan, which is though to be the reason for his arrest, although it has
also been suggested that the journalist’s arrest may be linked to a series
of articles about acts of violence, notably against women, allegedly
committed by the Special Task Force in their pursuit of Veerappan. Still
detained as of end June 2004.
*Subramaniyam: Reporter for the Tamil-language magazine
Nakkheeran. Reportedly abducted by Tamil Nadu police in the state of
Kerala on 6 February 2004. He is reportedly accused of involvement in a
murder allegedly committed by the wanted bandit Veerappan (see Gopal
and SIVASUBRAMANIAN above). Subramaniyam was brought before
a judge on 7 February 2004, who reportedly remanded him in custody
until 20 February 2004 pending a police investigation. WiPC checking
whether still detained.
Threatened
*Taslima NASRIN: Writer and columnist (see ‘Bangladesh’ above).
Demonstrators in Calcutta, West Bengal, burned effigies of the
Bangladeshi writer on 20 January 2004 for allegedly insulting Islam in
her new book. She was placed under guard at a hotel in the city after
Islamic clerics offered a financial reward to anyone who could insult her
by blackening her face. Nasrin’s books have been banned in Bangladesh
and the Indian state of West Bengal. She fled Bangladesh in 1994 after
receiving death threats following the publication of her novel Shame. She
is currently living in the U.S.
Case closed
Dasuram MALLIK (a.k.a. Jacob): Kuiwriter and poet. Arrested on 21
February 2003 for allegedly inciting the tribal people in Orissa by
composing poems and stories for Maoist guerrillas. Case closed for lack
of further information.
INDONESIA
On trial
Bambang HARYMURTI, Ahmad TAUFIK: Chief editor and junior
editor of Tempo magazine. Facing defamation charges brought by
building contractor Tomy Winata following the publication of an article
entitled ‘Is Tomy Behind ‘Tenabang’?’ in which it was reported that
Winata had lodged a Rp53 billion renovation proposal with the Jakarta
administration in February 2002. On 27 March 2003, police summoned
Harymurti for questioning after Winata registered criminal complaints
against Tempo magazine and the authorities charged him with libel and
defamation, charges carrying a maximum penalty of four years in prison.
He is also charged with the violation of Article 5 (1) of the Press Law,
which carries a maximum fine of 500 million rupiah (US$ 56,000). The
same three charges were later filed against Taufik. Taufik was previously
detained from 1995-97 for his work with Tempo magazine. WiPC
checking progress of trial.
Sentenced, suspended
SUPRATMAN: Executive editor of the newspaper Rakyat Merdeka.
Handed down a six-month jail sentence, suspended for one year, on 27
October 2003 for “insulting the president”. The charges are based on articles
published in February 2003 critical of the Indonesian president
Megawati Sukarnoputri. The offending articles reportedly compared
Megawati to an Indonesian man arrested in 2002 for cannibalizing a
neighbour. Legal proceedings against Supratman began in June 2003.
INDONESIA/PAPUA
Attacked
*Irwanto: Reporter for the daily Cendrawasih Pos. Reportedly attacked
whilst covering a training session of local discus throwers on 14 April 2004
by one of the athletes, who is also a soldier. The attack was reportedly triggered
by an article written by Irwanto about an attempted rape case. 41

42
INDONESIA/
CENTRAL SULAWESI
*Natsir SAID: Reporter from the daily Nuansa Pos. Reportedly injured in
an attack on 22 May 2004 by the driver of a local politician. The attack is
thought to be linked to articles recently published in the newspaper.
*Nasir SARRO: Journalist with the daily Nuansa Pos. Reportedly injured
on 9 May 2004 when a group stormed the newspaper’s offices.
MALAYSIA
Kidnapped
*Minn KYAW: Exiled Burmese journalist and pro-democracy activist.
Editor of Burma Media Link. Reportedly kidnapped on 1 June 2004 by
men allegedly from Malaysian police’s special branch whilst en route to
Kuala Lumpur airport to cover the arrival of the Burmese prime minister
General Khin Nyunt. He was reportedly taken to a suburb of the city and
held in a container without food or water for several hours. He was then
interrogated about his pro-democracy activities, his support for Burmese
refugees, and articles he had written. He was later released.
Investigation
Steve GAN: Editor-in-chief of the independent daily news website
Malaysiakini.com. Summoned to appear before police on 22 May 2003
to answer the complaints of ‘sedition’ and ‘inciting racial hatred’
following the posting of an article on 9 January 2003 criticising the
government’s granting of special rights to the country’s ethnic Malay
majority and comparing the ruling party to the Klu Klux Klan. Police
demanded to know who had written the letter, but Gan refused to divulge
the author’s identity. He faces up to three years’ imprisonment or a fine if
found guilty on sedition charges. On 20 January 2003 the police raided
the offices of the website, seized computers and temporarily blocked
access to a part of the website. On 22 January 2003 the landlord of the
Malaysiakini.com offices issued an eviction notice instructing the
website to move by the end of February. However, on 5 February 2003
Gan stated that they will not leave their offices. Malaysiakini.com, established
in November 1999, is Malaysia’s principle source of independent
news and has won international awards for its news coverage. WiPC
seeking an update.
*Sein MAR (f): Burmese journalist, editor of the newsletter ‘Yaung Chee
Oo’. Reportedly arrested at a demonstration outside the Myanmar
Embassy in Kuala Lumpur on 17 May 2004. She is said to be among 22
supporters of the Democratic Federation of Burma and the National
League for Democracy to be arrested whilst protesting a national convention
held in Rangoon by the ruling military government to formulate a
new constitution. Sein Mar was reportedly released on bail on 19 May
2004, as she has a 7-year old daughter, but when she appeared in court on
25 May the case was postponed to 14 June 2004 and her bail denied. Her
child has been placed under the care of the UNHCR (Sein Mar has
UNHCR refugee status). She remains detained without charge as of 30
June 2004.
Sentenced, free on bail pending appeal
Irene FERNANDEZ (f):
D.o.b.: 1948. Profession: Director of Tenaganita, a women’s rights organization.
Date of arrest: 18 March 1996 Sentence: 12 months’ imprisonment
Details of arrest: Charged with “false reporting” under Section
8a of the 1984 Printing Presses and Publications Act which carries a
maximum three-year sentence. Charges relate to a report she issued in
July 1995 entitled “Abuse, Torture and Dehumanised Treatment of
Migrant Workers at Detention Camps”. Govt accuses her of making false
statements in the report including the numbers of people interviewed,
allegations of strip-searching, poor sanitation, corruption and health
problems. Details of trial: On 16 October 2003 Fernandez was
convicted of ‘maliciously publishing false news’ and sentenced to 12
months in prison by Kuala Lumpa magistrate’s court. Her trial began in
June 1996 and is the longest trial in Malaysian legal history. She remains
free on bail pending appeal but her passport was withdrawn on 4
November 2003. The case will now be transferred to the Kuala Lumpur
High Court. Honorary member of: Canberra PEN Centre.
Zulkifli SULONG: Editor of biweekly Harakah, the newspaper of the
opposition Pan-Malaysian Islamic Party (PAS). Reportedly arrested on
12 January 2000 and charged with sedition for publishing a statement
criticising the government’s handling of the sodomy trial of former
Deputy Prime Minister Anwar Ibrahim. The statement was published in
the 2 August 1999 edition of Harakah. Sulong was released on bail and
his trial started in May 2000. He reportedly denies the charges and
proceedings were continuing as of end June 2004. He faces up to six
months in prison if convicted. The newspaper’s owner was also arrested
and charged in the case. On 22 December 1999 the Ministry of Home
Affairs banned the sale of Harakah at news-stands, and on 24 December
1999 threatened the newspaper with sanctions if sales of the newspaper
were not limited to party members only by 8 January 2000.
MALDIVES
Main case
Ahmed Ibrahim DIDI, Ibrahim Moosa LUTHFEE, Mohamed
ZAKI, Fathimath NISREEN (f).
Profession: Didi, Luthfee and Zaki are businessmen. Nisreen worked as
the personal secretary to Luthfee. All are also internet writers. Date of
arrest: January and February 2002. Sentence: Didi, Luthfee and Zaki
were sentenced to life imprisonment. Nisreen was sentenced to ten years’
imprisonment, reduced to five years on 13 November 2003. Details of
arrest: They were arrested for their alleged involvement with
Sandhaanu, an internet publication critical of the authorities. Didi,
Luthfee, Nisreen and Zaki were taken to Malé Police Headquarters,
where they were held in solitary confinement for two weeks. They were
then transferred to a detention centre on the island of Dhonidhoo , where
they were held until May 2002. Details of trial: On 29 May 2002 they
were charged with ‘defamation’ and ‘committing acts hostile to the
government’, and a second hearing took place in June. Throughout the
proceedings they were denied access to a lawyer. After the hearing all
four were detained on the island of Mafushi where they were reportedly
kept in solitary confinement in small cells. They were sentenced on 7
July 2002. The authorities have denied their request for an appeal. Place
of detention: Block C, Maafushi prison. Treatment in prison:
Although they are no longer held in solitary confinement, conditions in
the prison are said to be harsh. Prisoners are kept in handcuffs at all times
and access to healthcare is severely limited. Their cells are not ventilated
and their drinking water is restricted. Visits from relatives are only
allowed once a month. Honorary members of: English PEN.

MYANMAR (BURMA)
Main cases
AUNG Myint (aka Phya Pon Ni Loan Oo)
D.o.b.: Around 1945 Profession: Poet, journalist, and head of the information
department of the National League for Democracy (NLD) in
Rangoon. Date of arrest: 14 September 2000 Sentence: 21 years’
imprisonment Expires: 13 September 2021 Details of arrest: Arrested
by members of Unit 14 of the Military Intelligence Service. Details of
trial: Sentenced on 20 December 2000 by a military court for violation
of the State Protection and Emergency Provision Acts. He is accused of
distributing information regarding repression of the NLD to international
press agencies and to Western diplomats based in Rangoon. The charges
are believed to relate to a press release written by Aung Myint and his
assistant Kyaw Sein Oo (see below) and distributed to international press
agencies and foreign embassies in Rangoon in September 2000 a few
hours after NLD leader Aung San Suu Kyi was arrested by security
forces as she was trying to leave Rangoon. Professional details: Aung
Myint is reportedly a well-known and respected poet in Burma. He wrote
poetry on the daily life of the people, and helped the NLD in his capacity
as a poet. He started his career writing satirical articles and poems for the
official newspaper Botahtaung in the 1980’s. He wrote for the nowbanned
magazine Pay-ful-lwa (The Message) from 1983-1988, and in
1988 he became assistant editor for Cherry magazine until his arrest in
1997. In 1999 he became head of the NLD’s information department in
Rangoon. He has reportedly recently written an article entitled ‘Where
are the freedom of movement and freedom of expression in the Golden
Land?’ which was circulated underground amongst NLD members.
Recipient of 2002 PEN America/Barbara Goldsmith Freedom to Write
award. Previous political imprisonment/problems: Arrested in 1997
and sentenced to two years in prison for his activities with the NLD.
Reportedly sacked from Cherry magazine by the authorities and prohibited
from working for the magazine on his release. His name is reportedly
banned from all Burmese publications. Other information: His
wife Ma Tha-bye is said to be a well-known writer of romantic fiction
and editor of Cherry magazine. His daughter is said to be a successful
writer and actress. Honorary member of: English, Sydney, American,
Canadian and Perth PEN Centres.
AUNG SAN Suu Kyi (f)
Profession: Leader of the National League for Democracy (NLD) and
writer. Date of arrest: 30 May 2003 Details of arrest: Taken into
‘protective custody’ following violent clashes between opposition and
pro-government supporters on 30 May 2003. The military government
reports that four people were killed in the clashes, though eye-witnesses
estimate the numbers killed to be over sixty. Many were also injured,
including Aung San Suu Kyi, who is believed to have suffered cuts to the
face and shoulder when the window of her car was shattered by a brick.
Her injuries are not thought to be serious. She is believed to be held at a
military camp just outside Rangoon, and diplomats and UN officials have
been denied access to her. Tensions between the military government and
the opposition have intensified since the jailing on 24 May 2003 of ten
NLD members. Most of the NLD’s offices have been shut down, and the
government has ordered the indefinite closure of the country’s universities
and colleges. Place of detention: Held in ‘protective custody’ at an
undisclosed location. Health concerns: Transferred to the Asia Royal
Hospital in Yangon on 17 September 2003, and to have undergone a
hysterectomy operation on 19 September 2003. She is thought to have
made a good recovery. Previous political imprisonment/problems:
Daw Aung San Suu Kyi was held under de facto house arrest for six
years from July 1989-July 1995, and again from September 2000 until
May 2002, when she was released as part of UN-brokered confidential
talks between the State Peace and Development Council (SPDC) and the
NLD which began in October 2000. Professional details: Daw Aung
San Suu Kyi was awarded the Nobel Peace Prize in October 1991. She is
the author of many books, including Freedom From Fear (1991), Letters
from Burma (1997), The Voice of Hope (1997).
Ko AUNG Tun and U MYO Htun
D.o.b.: 1967 (Aung Tun). Profession: Student activist and writer. Date
of arrest: February 1998 Sentence: 13 years and 7 years in prison
respectively. Expires: February 2011 and February 2005 respectively
Details of arrest: At a 1 March 1998 press conference the SPDC
claimed Ko Aung Tun had been arrested for ‘collaborating with terrorist
groups’. Opposition sources, however, state the real reason for his arrest
as being a book he had written on the history of the student movement in
Myanmar. U Myo Htun assisted Ko Aung Tun in writing the book, which
the authorities claim was ‘distributed illegally’. Details of trial:
According to an official statement, Ko Aung Tun was sentenced to 3
years’ imprisonment under the 1962 Printers and Publishers Registration
Act, 7 years under the Unlawful Association Act, and 7 years under the
Emergency Provisions Act. Sentence thought to be combined as 13
years. Place of detention: Ko Aung Tun held in Insein Prison. U Myo
Htun was reported in May 2002 to be held in Shwebo prison, Sagaing
Division, North of Mandalay. Treatment in prison: Both men are
reportedly being held incommunicado in solitary confinement and have
reportedly been subject to torture, including threats and severe beatings.
Health concerns: Both men are said to be in very poor health as a result
of their ill-treatment in prison. Ko Aung Tun is reportedly vomiting
blood as a result of his beatings, and is also said to be suffering from
severe asthma and tuberculosis. There is serious concern for the safety of
both men. Previous political imprisonment/problems: Ko Aung Tun
was active in the student-led 1988 pro-democracy movement, and was
reportedly previously imprisoned from 1990-94. Other information:
Aung Tun is a recipient of the 1999 Hellman/Hammett Award.
Honorary members of: Norwegian, Canberra and Canadian PEN
Centres.
KHIN Zaw Win (aka Kelvin)
Profession: Dentist, interpreter, former speech and report-writer for
UNICEF and student Date of Arrest: 4 July 1994 Sentence: 15 years
Expires: 3 July 2009 Details of arrest: Arrested at Yangon airport as he
prepared to leave for Singapore. Accused of carrying documents relating
to the Burmese opposition movement. Also contact with other dissidents,
writer Daw San San Nwe, U Khin Maung Swe and U Sein Hla Oo (see
below). The group is said to have made contact with foreign diplomats
and journalists and sent “news comments against or critical of the
government” to them. Details of trial: 6 October 1994, sentenced to 15
years imprisonment by a civil court at Insein Prison for offences under
the Emergency Provisions Act (spreading false news), the Unlawful
Associations Act (membership or contact with illegal organisations) and
the Official Secrets Act (possession of secret official information). Also
accused of having made arrangements to send “fabricated news” to UN
Special Rapporteur Yozo Yokota. Professional details: Usually resident
in Singapore at time of arrest where he was due to start a Masters degree 43

44
in Public Policy. Was visiting Burma, his country of origin, as part of his
research. Place of detention: Myitkyina Prison, Kachin State Treatment
in Prison: Reportedly among a group of political prisoners ill-treated
following the discovery of a protest letter addressed to the UN in
November 1995. Also said to have been refused family visits since May
2002. Honorary member of: English PEN.
KYAW Sein Oo
Profession: Assistant to the head of the information department of the
National League for Democracy (NLD). Date of arrest: 14 September
2000 Sentence: Seven years’ imprisonment. Expires: 13 September
2007 Details of arrest: Accused with Aung Myint (see above) of distributing
information regarding the repression of the NLD to international
press agencies and to Western diplomats based in Rangoon. The charges
are believed to relate to a press release written by Aung Myint and his
assistant Kyaw Sein Oo and distributed to international press agencies
and foreign embassies in Rangoon in September 2000 a few hours after
NLD leader Aung San Suu Kyi was arrested by security forces as she
was trying to leave Rangoon. Details of trial: Kyaw Sein Oo was
sentenced under the Printers and Publishers Registration Act.
U OHN Kyaing (AUNG Wint)
Profession: MP, translator and former editor Date of Arrest: 6
September 1990 Sentence: 7 years hard labour and an additional 7 years’
imprisonment Expires: 5 September 2004 Details of Arrest: Had
accused the army of brutally breaking up monks’ and students’ demonstrations
in Mandalay in August 1990. Details of Trial: Sentenced to
seven years’ hard labour on 17 October 1990. Professional Details: Exeditor
of Bohtataung Daily (retired in 1988 to become member of NLD
Central Committee), also a translator of English-language newspapers
into Burmese, and NLD MP for Mandalay SE Place of Detention:
Taungoo Prison. Treatment in Prison: In mid-1991 he was sentenced to
an additional 7 years imprisonment under the 1950 Emergency
Provisions Article, for involvement in drafting a leaflet for the NLD entitled
“The three paths to power”. Other information: His family were
reported in May 2002 to be in severe financial need and poor health.
U SEIN Hla Oo
D.o.b.: 1938 Profession: Journalist with the daily Botahtaung and wellknown
short story writer. MP-elect for National League for Democracy.
Date of Arrest: 5 August 1994 Sentence: Sentenced to 7 years in prison.
Sentence reported to have been extended to 14 years whilst in prison.
Expires: 4 August 2008. Details of Trial: Reported on 23 August 1994
to have been formally charged with criticising the Burmese govt,
contacting banned opposition groups and ‘fabricating’ anti-govt reports.
Also accused of exchanging information with a member of armed opposition
group. Sentenced on 6 October 1994 to seven years in prison for
spreading information injurious to the state. In 1999 his sentence was
reported to have been extended to 14 years for reasons unclear to WiPC.
Place of detention: Myitkyina Prison Treatment in Prison: Reportedly
suffering from heart disease and is believed to be receiving treatment at
the prison hospital. Also said to have been operated on in June 2001 for a
slipped disc. He has reportedly been denied visits from his wife since
February 2002. Previous Political Imprisonment/Problems:
Previously imprisoned from 1990 to 1992. Honorary member of:
English and USA West PEN Centres.
WIN Tin
D.o.b.: 12 March 1930 Profession: Former editor of the daily
Hanthawati, secretary of the executive council of the National League
for Democracy, and vice-president of the Burmese Writers’ Association.
Date of Arrest: 4 July 1989 Sentences: Total of 20 years’ in prison with
hard labour Expires: 3 July 2009 Details of Arrest: Accused of
‘harbouring an offender for whom a warrant had been issued’, allegedly
for sheltering a girl who had had an illegal abortion, but the true reason is
thought to be his opposition activities. Also accused of incitement to
violence, contact with insurgent organisations, obtaining financial assistance
from a foreign embassy and obtaining weapons. Details of Trial:
Sentenced in October 1989 to 3 years with hard labour. In June 1992
sentenced to an additional 11 years under the 1950 Emergency
Provisions Act. Unclear what this is for, but it is thought to be linked to
his opposition activities. Sentence said to have been reduced to 10 years
in January 1993 amnesty. On 28 March 1996 he was among 21 prisoners
to be tried inside Insein Prison and given additional sentences under
Section 5J of the Emergency Provisions Act for circulating the petition,
distributing a clandestine magazine and possessing radio sets. He was
given an additional 7-year sentence (NB: the UN stated 5 years, but the
transcript of the trial states 7 years). His cumulative sentences will thus
not expire until July 2009. Professional Details: Was active in prodemocracy
demonstrations of 1988 and said to be key adviser to Aung
San Suu Kyi and to have been one of those who encouraged her to enter
politics. Authorities alleged he was linked to Communist Party of Burma.
During 1988’s events was vicechairman of the ‘Sarpay Thamagga’
(‘Writers’ Association’). Recipient of the World Association of
Newspapers (WAN) 2001 Golden Pen of Freedom award, and the 2001
United Nations Educational, Scientific and Cultural Organisation
(UNESCO)/Guillermo Cano World Press Freedom Prize. Place of
detention: Insein prison. Health Concerns: Suffers from spondylitis, an
inflammation of the vertebrae, diabetes and high blood pressure. Has also
lost several teeth and requires dental treatment. Is dependent on his
family for medicine and meat, which he needs for his medical condition.
In March 2002 he was reportedly being treated in Yangon General
Hospital, where he had been operated on for a hernia. His condition is
reportedly stable, although it is feared that his return to prison in May
2002 could endanger his life. Returned to Rangoon General Hospital on
27 July 2002 and again on 23 November 2002 for treatment for a heart
ailment. Treatment in Prison: Reported that in November 1995 Win Tin
was among a number of prisoners ill-treated after they smuggled letters
out to the UN protesting at prison conditions. Honorary Member of:
Hong Kong (English), New Zealand and Japan PEN centres.
*ZAW Thet Htwe
Profession: Editor-in-chief of First Eleven Sports Journal. Date of
arrest: 17 July 2003 Sentence: Death, commuted to three years in
prison. Expires: 16 July 2006 Details of arrest: Zaw Thet Htwe was
arrested on 17 July 2003 with four other First Eleven journalists when
military intelligence officers raided the magazine’s offices. The four journalists
arrested with him were held for several days before being
released. In June 2003 First Eleven had received a government warning
following the publication of articles alleging irregularities on the part of
Burmese sports officials. First Eleven is Burma’s most widely read sports
magazine. Details of trial: Htwe was sentenced by a special military
court in Insein Jail near Yangon. He was reportedly sentenced with eight
other defendants under Article 122/1 of the Law on High Treason for
allegedly plotting to murder leaders of the State Peace and Development

Council (SPDC), Myanmar’s military government. He was specifically
accused of participating in the planning of a series of bombings and of
working with members of the National League for Democracy (NLD) to
stir up unrest. Family members have reported that Htway was also
accused of remaining in contact with “unlawful elements” of the banned
Democratic Party for a New Society (DPNS), a political organisation in
exile. On 12 May 2004 the charge of high treason was quashed on appeal
by the Supreme Court and the death sentence against him was
commuted, but he was sentenced to three years in prison for sending
reports to opposition activists abroad. Place of detention: Insein Prison
Previous political imprisonment/problems: Zaw Thet Htway was
previously detained for several years in the 1990’s for his work with the
banned political organisation Democratic Party for a New Society
(DPNS) which is now operating in exile.
NEPAL
Killed: investigation
*Padma Raj DEVKOTA: Editor-in-chief of the twice-weekly
Bhurichula and correspondent for the national magazine Nepal Today.
Reportedly killed by security forces on 7 February 2004 during a routine
military operation. Six armed Maoist militants were reportedly killed
with him.
Kidnapped
*Parek Raj SHAHI: Journalist with the daily Rajdhani. Reportedly
abducted on 7 June 2004 by CPN-Maiost rebels. His wherabouts remain
unknown as of 30 June 2004.
Investigation
Ram Krishna ADHIKARI: Reporter for the weekly Saghu. Went missing
on 10 December 2003 after attending an event organised by the Human
Rights Association of Nepal (HURON) at the Hotel Orchid in Kathmandu.
Thought to have been detained by security forces and to be held incommunicado.
Adhikari is known for his articles critical of the authorities.
Sita Ram BARAL: Journalist with the weekly Jana Astha. Has been
missing since he was reportedly arrested by security forces in
Kathmandu on 13 September 2003.
*Jeetaman BASNET: Journalist and lawyer. Last seen on 4 February
2004 talking to three people in uniform in Kathmandu. WiPC seeking an
update.
*Lok Krishna BHATTARAI: Journalist for the weekly Prakash.
Reportedly arrested from his home on 17 February 2004 by plainclothes
security personnel. Bhattarai is said to be associated with a number of
progressive organisations, including Puspalal Smirti Pratisthan, which
was established in memory of the CPN-Maoist founder. WiPC seeking
an update.
Subindra BUDHAMAGAR: Publisher of the monthly magazine
Nischal. Reportedly arrested on 11 October 2003 by plainclothes security
forces, who also raided his rented room in Kathmandu.WiPC seeking an
update.
Raju CHHETRI: Reporter for the weekly Rastriya Swaviman.
Reportedly arrested on 1 October 2003 for being an alleged Maoist
sympathiser. Had been previously detained. WiPC seeking an update.
Bhai Kaji GHIMIRE: Managing director of the monthly Samadristi.
Reportedly detained on 3 December 2003 whilst on his way to his
Kathmandu office. Still thought to be detained as of 1 April 2004. WiPC
seeking an update.
Prem Nath JOSHI: Freelance journalist and publisher/editor of the
English-language monthly magazine Shangrila Voice. Reportedly
arrested at his home in Kathmandu on 13 September 2003 by security
forces, who took him away for interrogation. WiPC seeking an update.
K.B.JUMLI (also known as Khadga Bahadur Swar): Correspondent
for Nepal Samacharpatra. Reportedly arrested on 4 April 2004 and
sentenced to 90 days in prison for his alleged involvement in CPN-
Maoist activities. Local journalists claim that his detention is linked to
his journalistic work; his reports often criticised the local administration
and the security forces, and he is said to have maintained close contact
with Maoist sources for his reports.
Dhana Bahadur MAGAR: Central Council member of the Federation
of Nepalese Journalists (FNJ) and secretary of the FNJ’s Kathmandu
section. Has reportedly been missing since 18 November 2003. It is
feared that he has been taken into custody by security forces. He was
previously detained in 2002 for nearly four months for alleged close ties
with Communist Party of Nepal (CPN-Maoist) rebels. WiPC seeking
further details.
*Maheshwar PAHARI: Journalist with the weekly Rastriya Swabhiman,
which closed following the breakdown of the ceasefire between the CPN
(Maoist) and the government on 27 August 2003. Reportedly arrested on
2 January 2004, apparently whilst on his way to attend a political
programme of the CPN (Maoist). Thought to be held at the Phulbari
barracks, near Pokhara, although the army claims he was transferred to
Kathmandu. Previously arrested at the outbreak of the first State of
Emergency on 26 November 2001 on suspicion of being a Maoist
sympathiser and detained for 13 months. Still detained as of 30 June
2004.
Bandhu Dev PANDEY: Owner of Ashiwairya Press, journalist for the
Raktakali Press and the progressive literary magazine Kalam. Reportedly
arrested on 16 September 2003. Previously detained under the Terrorist
and Disruptive Activities (Control and Punishment) Act (TADA) on 26
January 2002, held until 30 October 2002 and said to have been tortured
in custody. WiPC seeking an update.
*Laxmi PANDEY: Journalist. Member of International Federation of
Journalists (IFJ). Taken in for questioning on 21 February 2004. WiPC
checking whether still detained.
Brief detention
*Dinesh ACHARYA: Journalist for the local weekly Trishuli Prawaha.
Reportedly detained on 1 May 2004 and held for several hours for interrogation
about a 30 April 2004 news report.
*Balbhadra BHARATI: Correspondent for the national newspaper Jana
Ekta and advisor to the Progressive Writers’ Association. Reportedly
detained on 24 January 2004 at his home. Released on 26 January 2004.
*Shakti Raj BHATTARAI: Journalist with the weekly Sachar Darpan.
Reportedly arrested on 1 February 2004. Released on 9 February 2004.
*Janma Dev JAISI, Dhurba RAIMAJHI, Subash POKHREL and
Amit BANIYA: Journalists. Reportedly arrested on 1 May 2004 in
Kathmandu whilst reporting on a protest organised by Nepal’s five main
political parties. Later released.
*Sukadeb DAHAL: Reporter for the Commander Evening Daily.
Reportedly arrested on 15 April 2004 in Bakhtapur whilst covering a
political rally organised by opposition parties to protest King
Gyanendra’s assumption of executive powers. Released on 20 April
2004.
*Om DHUNGANA: Journalist with Diamond Time magazine. Briefly
detained whilst covering protests in Kathmandu on 1 May 2004. 45

46
*Subid GURAGAIN: Journalist with the daily Rajdhani. Detained on 17
June 2004 by Royal Nepal Army (RNA) officials for publishing two
reports critical of the RNA. He was released the same day, and is said to
have been severely beaten during his detention.
*Rabindra SHAH: Managing editor of the weekly Rastiya Swabhiman.
Reportedly arrested on 5 January 2004 after his newspaper carried an
article about an army officer. Released on 6 January 2004.
Attacked
*Bal Ram BANIYA and Ghana Shyam OJHA: Journalists with the
dailies Kantipur and The Kathmandu Post respectively. Reportedly
assaulted by security forces on 6 January 2004 whilst covering a protest
rally organised by five main opposition parties in Nepal.
*Rajesh Pidi BARMA: Correspondent for the Himalayan Times daily.
Reportedly assaulted by security force personel on 23 January 2004 for
allegedly critical articles.
*Ram Chandra BASNET: Journalist with the weekly Sanghu.
Reportedly beaten by a Nepal Police official in Kathmandu on 10 April
2004.
*Dipak GNAWALI, Sher BAHADUR K.C, Yuvaraj PANDEY,
Dipendra KUNWAR, Dipendra BADUWAL, Yanendra G.C, Bharat
K.C, Bishnu GHIMIRE, Ram Krishna BHANDARI, Harisundar
BASI and Bindu Kumar CHAUHAN: All journalists with Nepali
newspapers. Reportedly beaten by police on 7 May 2004 during the
dispersal of political protests in Butawal, south-west Nepal. All were
reportedly injured, some seriously.
*Laba DHUNGANA: News reporter for the daily Rajdhani. Reportedly
assaulted by security forces on 24 January 2004.
*Pabitra Kumar KHADKA: Journalist with the weekly Ghatana Ra
Bichar. Reportedly attacked on 5 February 2004 by customs officials at
the Nepal-China border for publishing a reportt about irregularities
allegedly committed by customs officials in the region.
*Krishna LAMSAL: Managing editor of the weekly Rastriya
Janamancha. Reportedly attacked at his home in Bhaktapur on 10 April
2004 by six unidentified assailants. He is said to have sustained head
injuries and a broken leg.
*Bimal NIBHA: Poet. Reportedly beaten on 15 May 2004 by police officers
in Kathmandu.
*Tank PANTA and Ram Prasad SHRESTHA: Associate editor and
reporter respectively for the daily Nepal Samacharpatra. Reportedly
beaten by security forces on 30 January 2004 whilst covering a protest
rally organised by five opposition political parties.
*Dipak RIJAL, Lila Raj KHANAL, Mukunda SUBEDI, and
Damodar DAWADI: Journalists. All reportedly beaten by police officers
on 3 May 2004 whilst covering a street demonstration in Kathmandu.
*Prajaya SHUKLA: Journalist for the weekly Jana Ekata. Reportedly
beaten by a police officer on 20 April 2004 whilst covering a protest rally
organised by five political parties. The rally was broken up by police officers,
and Shukla is said to have suffered a broken leg.
Threatened
*Shakti Kumar PUN: Journalist for the daily Rajdhani. Reportedly
threatened on 9 June 2004 by a local senior official following a report on
6 June 2004 criticising the official.
PAKISTAN
Killed: investigation
*Sajid TANOLI: Reporter for the Urdu-language daily Shumaal (North).
Reportedly shot dead by a local mayor in Pakistan’s North West Frontier
Province on 29 January 2004 following a 26 January report by Tanoli on
alcohol trafficking, which is banned under Islamic law in the country.
The assailant reportedly fled after the shooting, but police arrested his
brother and son in connection with the murder.
Kidnapped
*Shahbaz PATHAN: Correspondent for the Sindhi daily Halchal.
Reportedly amongst a group of six friends who were kidnapped by
armed men on 4 March 2004 whilst playing badminton. Locals who
intervened managed to free four of those kidnapped, but Pathan is one of
two who remain detained. The motive for the attack is not known, but
Pathan’s brother is said to have produced a documentary on bandits operating
in the area which was aired during the week of 1 March 2004.
Judicial concern
Rehmat Shah AFRIDI
Profession: Editor-in-chief of the Peshawar-based English language
daily The Frontier Post and its Urdu sister-paper Maidan. Date of arrest:
2 April 1999 Sentence: Death, commuted to life imprisonment. Details
of arrest: Reportedly arrested on drugs charges, after Anti-Narcotics
Force (ANF) officers allegedly found 21 kilograms of hashish in his car.
He denies the charges and his colleagues believe his arrest to be politically
motivated. Shortly before his arrest, Afridi had reportedly
published two articles accusing officers of involvement in drug smuggling.
Afridi claims he is the victim of an ANF set-up. Details of trial:
On 27 June 2001 Special Judge Syed Kazim Shamsi of the Anti
Narcotics Court ruled in favour of a death sentence and a 1,000,000 Rs
fine against him. The prosecution reportedly failed to produce any
compelling evidence against him. On 3 June 2004 the death sentence was
commuted on appeal by the Lahore High Court and Afridi was instead
sentenced to life imprisonment. Place of detention: Kot Lakhpat Prison,
Lahore. Treatment in prison: Claimed to be mistreated in prison in
August 1999. Said to be denied proper medical treatment for a heart
condition, and to be denied a mattress in spite of having back problems.
Health concerns: Reported in September 2003 to have lost a lot of
weight and to be denied appropriate medical treatment for a heart condition
which has worsened. Other information: Father of Mahmood
Afridi (see below), managing editor of The Frontier Post charged in
January 2001 with blasphemy.
Munawar MOHSIN
Profession: Sub-editor of the English-language daily Frontier Post. Date
of arrest: 29 January 2001 Sentence: Life imprisonment Details of
arrest: Arrested in Peshawar on 29 January 2001, along with Aftab
Ahmed, Imtiaz Hussain, Qazi Ghulam Sarwar, Mahmood Shah Afridi
and Syed Javed Nazir, chief reporter, feature writer, news editor,
managing editor and co-editor respectively for The Frontier Post (see
‘released’ below). The charges stem from a letter to the editor published
in The Frontier Post on 29 January 2001 entitled “Why Muslims Hate
Jews”, which reportedly included derogatory remarks against the Holy
Prophet Mohammad. The letter had been sent by email to the editor from
an unidentified author known as Ben Dzec. The letter contained material

described by both the district administration in Peshawar and Mahmood
Shah Afridi, the newspaper’s managing editor, as “blasphemous”.
Despite unequivocal public apologies being made on behalf of the newspaper
in the aftermath of the incident, the Frontier Post and its’ Urdu
sister paper Maidan were closed for several months and the newspaper’s
offices were burned down in violent protests. Details of trial: All six
journalists above and a computer operator were charged with blasphemy
under section 295C of the Pakistan Penal code, which carries a mandatory
death sentence. On 8 July 2003 the court ruled that Munawar
Mohsin had “intentionally and wilfully” published the offensive letter,
and sentenced him to life imprisonment and a fine of Pakistani
Rs.50,000. According to Mohsin’s lawyer, the court’s verdict did not take
account of evidence to suggest that Mohsin was mentally unsound at the
time of the letter’s publication. Mohsin was reportedly a drug addict and
had completed a drug rehabilitation program at Peshawar Mental
Hospital only a few days before the letter’s publication. In March 2001, a
judicial enquiry into the case determined that the letter was published
due to negligence and not to any malicious intent, finding that Mohsin
was not of sound mind or judgement at the time of the letter’s publication.
These findings were reportedly disregarded by the trial judge.
Mohsin also had to resort to using a junior lawyer for his defence because
both the High Court and District Court Bar Associations in Peshawar
passed a resolution that its members would not defend any of the accused
in the Frontier Post blasphemy case. The are serious concerns that
Mohsin will not receive a fair trial in his appeal, which has been filed by
a new lawyer. The appeal was scheduled for 31 March 2004 but was
postponed indefinitely. Treatment in prison: There are fears for
Mohsin’s safety following reports that those detained on blasphemy
charges are at serious risk of victimisation and attack by other prisoners.
Health concerns: Mohsin is believed to suffer from poor mental health.
Facing Charges
Mahmood Shah AFRIDI: Managing editor of the English-language
daily The Frontier Post. A perpetual warrant of arrest for Mahmood
Afridi was reportedly issued by the trial judge in the Frontier Post blasphemy
case (see Munawar Mohsin, ‘judicial concern’ above) on 8 July
2003 for failing to face the case against him. He was charged on 29
January 2001 with blasphemy after the publication of an offensive letter
in his newspaper, and has remained at large since the incident. He was
acquitted in the case, but may now face detention and trial for the same
offence. He has reportedly gone into hiding.
Case closed
Ayub KHOSO: Editorial writer of the Sindhi daily newspaper Alakh.
Sentenced in absentia to 17 years’ imprisonment and a fine of Rs 17,000
(approximately US $289) under Sections 295-A PPC and 8(b)(D) of the
1997 Anti –Terrorism Law on 25 November 1999 for allegedly writing
and publishing a blasphemous column in Alakh, and later surrendered to
the court. He was released on bail on 24 October 2002 following a decision
taken by the Hyderabad High Court quashing the conviction, but the
original complaint against him still stood and a new trial began on 25
November 2002. The case is still pending, though is thought unlikely to
be seriously pursued. Case closed.
Brief detention
*Zulfiqar Ali KHASKELI: Correspondent for the Hyderabad-based
Sindhi-language daily Ibrat. Reportedly arrested and severely beaten by
police on 11 April 2004. He was reportedly arrested by the District
Police Officer (DPO) for reporting on gambling operations in the district
under the DPO’s command. Khaskeli was hospitalised as a result of the
beating, and it is feared he may lose his eye-sight and hearing. He was
reportedly granted bail on 21 April 2004, and discharged from hospital.
*Sami YOUSUFZAI: Journalist with the US magazine Newsweek.
Afghan national. Reportedly arrested at a checkpoint near the town of
Bannu on 21 April 2004 with an American journalist and their driver for
attempting to enter tribal areas without permission. The American journalist
was subsequently deported, but Yousufzai and the driver remained
detained until 2 June 2004 when they were freed.
Case closed
Muhammad ZAMAN, Shahid CHAUDRY, Shakil TAHIRKHELI,
and Raja HAROON: Editor, managing editor, news editor and subeditor
respectively of the Urdu-language daily Mohasib. On 4 June 2001
all four men were placed in “protective custody”, reportedly to protect
them against violent protestors, following the 29 May 2001 publication
of an article in Mohasib entitled ‘The Beard and Islam’ by well-known
poet and author Jamil Yousaf. The article reportedly contested the view
of certain Muslim clerics that a beardless man cannot be a good Muslim.
The article is also said to have alleged corruption amongst certain local
religious leaders. All four journalists were released on bail on 18 July
2001. Case closed as thought unlikely to proceed through the courts.
SOUTH KOREA
Judicial concern
*SONG Du-Yol
D.o.b.: 1944. Profession: Scholar. Professor of Philosophy at Muenster
University, Germany. Has published several academic books. Date of
arrest: 22 October 2003 Sentence: Seven years’ imprisonment.
Expires: 21 October 2010. Details of arrest: Reportedly detained under
the National Security Law for alleged pro-north Korean activities. Asked
to report to the National Intelligence Service on arrival at Seoul airport
on 22 September 2003 after returning to the Republic of Korea after 37
years living in exile in Germany. He had reportedly been invited to South
Korea by the Korea Democracy Foundation. Subject to extensive interrogation
until 22 October 2003, when he was taken into custody. Charged
on 19 November 2003 under Articles 3,5, and 8 of the NSL in connection
with membership of the North Korean Workers Party. Prosecutors reportedly
took a harsh stance towards him because he refused to make a
formal pledge of loyalty to the Republic of Korea. He reportedly admits
joining the North Korea Worker’s Party, but denies being a Politburo
member. He gained German citizenship in 1993. Details of trial:
Reportedly sentenced on 30 April 2004 to 7 years in prison under the
National Security Law by Seoul District Court. His academic articles and
books allegedly ‘praising North Korea’ were reportedly raised in court
by the prosecution as evidence against him. Treatment in detention:
Said to have been ill-treated during extensive interrogation sessions at
which his lawyer was not allowed to be present.
Case closed
SONG Hak-sam New York-based publisher. Reportedly arrested by the
National Intelligence Service on 26 February 2001 when he visited South
Korea to testify as a witness in the trial of a Korean publisher, also known
as Song. Song Hak-sam was detained under the National Security Law
(even though he is a U.S. citizen) for helping a local publishing company
print and distribute a book Kim Jong-il’s Military Strategy considered 47

48
sympathetic to North Korea. Song Hak-sam was sentenced to two-and-ahalf
years in prison under the National Security Law, suspended for three
years, on 19 July 2001. Case closed, no longer under threat.
SRI LANKA
Killed: investigation
*Aiyathurai NADESAN: Veteran Tamil journalist with the Tamillanguage
daily Virakesari. Shot dead on 31 May 2004 by unidentified
assailants whilst on his way to work. The motive for the murder is not
known, although Nadesan is said to have been a known Liberation Tigers
of Tamil Elam (LTTE) supporter and the LTTE has accused the Sri
Lankan army of the murder. Nadesan had reportedly been harassed and
threatened in recent years for criticising the government and security
forces.
Threatened
*Veluppillai THAVACHELVAM: Tamil-language journalist. Reportedly
threatened by an unidentified Sri Lankan army soldier whilst covering an
event at the Palai Air Force camp in Jaffna on 5 January 2004.
*Siri RANASINGHA: Chief editor of the newspaper Lankadeepa.
Received a threatening phone call on 10 March 2004 from the propaganda
secretary of the People’s Liberation Front (JVP). The threat was
reportedly in connection with an allegedly damaging item due to be
published in the newspaper the following day.
*Dinesh VIHAGUN: News editor of a small weekend Sinhala-language
newspaper Laknada. Reported in March 2004 to have received death
threats for the newspaper’s reporting, and to have been given police
protection.
Facing charges
*Upul Joseph FERNANDO: Freelance journalist and political columnist.
Reportedly accused of defamation against Buddhists in Sri Lanka in
a leaflet he had written. The complaint was filed in late December 2003.
TAIWAN
Sentenced/Suspended
HUNG Che-cheng: Reporter. On 25 July 2003 Taiwan’s High Court
sentenced Hung to one and a half years in prison, suspended for three
years, on sedition charges for allegedly revealing military secrets. The
sedition charges are based on an article that Hung wrote on 29 July 2000
for the now defunct Power News. Government prosecutors claimed that
the report included classified information about Taiwan’s military exercises,
which is a sensitive topic because of Taiwan’s strained relations
with mainland China.
VIETNAM
Main cases
NGUYEN Dinh Huy
D.o.b.: 2 January 1932. Profession: Former newspaper editor and
leading figure in pro-democracy organisation, Movement for National
Unity and Building Democracy. Date of Arrest: 17 November 1993
Sentence: 15 years in prison Expires: 16 November 2008 Details of
Arrest: Reported to have been detained around 17 November 1993 for
planning an ‘illegal’ meeting. The meeting, entitled an ‘international
conference for development in Vietnam’, was due to have been held on
27 November 1993 with guests from US. Was arrested a week after US
Secretary of State’s visit in August 1993. Details of Trial: Tried, and
sentenced to 15 years in prison on 11/12 August 1995. Health concerns:
Reported by his wife in November 1997 to be in poor health and
suffering from Parkinsons’ disease, exacerbated by daily forced labour in
the fields. In January 1999 Huy’s wife reported his health to be fair.
Previous Political Imprisonment/Problems: Nguyen was held for 17
years in re-education camp and founded the Movement six months after
his release in 1992. Was an activist in Dai Viet party before 1975. Place
of Detention: Z30A labour camp, Xuan Loc, Dong Nai province. Other
details: Recipient of 1997 Hellmann/Hammett award for free expression.
Honorary member of: Polish, English, Perth, Suisse Romande and
French PEN.
LE Dinh Nhan (religious name: Thich HUYEN Quang)
D.o.b.: 1917 Profession: Patriarch of the Institute For The Propagation
Of The Dharma, Unified Buddhist Church of Vietnam (UBCV), An
Quang Pagoda (Saigon). Date of arrest: 29 December 1994. Details of
arrest: Arrested for publishing an open letter criticising government
policy on freedom of speech and religious expression. Place of detention:
Held under “temple arrest” until around mid-1995 when moved to
an isolated area in Quang Ngai. Moved again in 2003 to Nguyen Thieu
Monastery, Binh Dinh Province. He is said to be held incommunicado
with security police permanently stationed outside the monastery gates.
Professional details: Author of renowned books on Buddhism and
Oriental philosophy for the last thirty years. Said to be one of the most
respected religious leaders of the Vietnamese Buddhists and people.
Health concerns: Sources indicate that his life has been in great danger
due to poor health and lack of medical treatment. In February 2003 it was
reported that Thich Huyen Quang was prevented from travelling to Ho
Chi Minh City for urgent surgery to remove a painful growth near his
right eye. He was also said to be suffering from high blood pressure,
chronic arthritis and stomach ulcers. On 10 March 2003 it was reported
that he had finally undergone surgery for the growth on his eye in Hanoi,
and had been visited by diplomats from the European Union and the
United States. On 2 April 2003 he met with Prime Minister Phan Van
Khai, reported to be the first time in unified Vietnam that a Prime
Minister has met with the head of the UBCV. In October 2003 he was
once again in total isolation in Nguyen Thieu Pagoda and said to be
denied access to medical care despite very poor health, including dental
problems and a painful throat condition. Previous political imprisonment/problems:
Had been detained under house arrest since 1982 for
alleged “anti-government activities”. Thought to relate to his public
appeals for religious freedom and official recognition of the UBCV.
Other: UN Working Group on Arbitrary Detentions deems the imprisonment
as “arbitrary” and in denial of the UN Declaration on Human
Rights in its decision 17 May 2001. Awarded the Homo Homini Award
by People in Need-Czech TV Foundation on 9 April 2003. Honorary
Member of: English, French, Danish, and Sydney PEN.
NGUYEN Dan Que
D.o.b.: 1942 Profession: Writer and publisher of the underground magazine
Tuong Lai (The Future). Que is also a doctor of medicine. Date of
arrest: 17 March 2003 Details of arrest: Arrested on 17 March 2003.
Officials claim he was arrested at an internet-café in Ho Chi Minh city
whilst trying to send abroad some of his writings; his family claim he
was arrested from his home. Several documents and a computer were
also confiscated from his house. According to a spokesperson for the

Foreign Ministry, Nguyen Dan Que had been ‘caught red handed
carrying out activities that violate Vietnamese law.’ Nguyen Dan Que’s
arrest follows the 13 March 2003 publication of a statement, entitled
‘Communiqué on Freedom of Information in Vietnam’, in which he criticised
the Vietnamese authorities’ reluctance to implement political
reforms and to lift controls on the media. The statement also declared
support for the Freedom of Information in Vietnam Act of 2003 which
was submitted to the US House of Representatives on 27 February 2003.
It is thought that he will be tried under Article 80 of the Vietnamese
Criminal Code for sending information critical of the Vietnamese
government via the Internet. Article 80 covers crimes of espionage and
carries a penalty ranging from 12 years to the death penalty. An unconfirmed
reported in July 2003 stated that Que had been offered release
conditional on going into exile in May 2003. Place of detention:
Nguyen Van Cu detention centre. Treatment in prison: Held incommunicado
with no access to family or medical care. Health concerns: Said
to be denied medical treatment for his multiple health problems in detention.
Previous political imprisonment/problems: Que has spent a total
of 18 years in prison for his political activism and has been a long-term
WiPC main case. He was first arrested in 1978 and held without trial for
ten years. He was again detained in 1990 for his pro-democracy
campaigning and sentenced to 25 years’ imprisonment. He was freed
under amnesty in 1998, but has since been kept under strict surveillance.
*NGUYEN Khan Toan
D.o.b: 1955 Profession: Businessman, freelance reporter and dissident
writer. Date of arrest: 8 January 2002 Sentence: 12 years in prison
Expires: 7 January 2014 Details of arrest: Arrested at an internet café in
Hanoi. Accused of assisting a democracy group overseas by criticising
the government in a series of emails. Details of trial: Convicted of espionage
for posting on the Internet his reports about the December 2001
protests against corruption in front of local government buildings and the
National Assembly. Place of detention: Ba Sao Labour Camp, Ha Dong
Province, northern Vietnam.
NGUYEN Van Ly
D.o.b.: 1946 Profession: Priest, scholar and essayist. Date of arrest: 17
May 2001 Sentence: 15 years’ imprisonment and five years’ probationary
detention, reportedly reduced to ten years in July 2003 and again
in June 2004 to five years imprisonment and five years probationary
detention. Expires: 16 May 2006 Details of arrest: Detained for
publishing a written testimony ‘Violations of Human Rights in Vietnam’
on the Internet. Also wrote to a United States Congressional committee
in March 2001 urging the lawmakers not to ratify a bilateral trade agreement
until Hanoi eased restrictions on religious freedoms. Details of
trial: Convicted on 19 October 2001 at Hue People’s Court on charges of
undermining national unity and violating a previous house arrest order.
Professional details: Former secretary to the Bishop of Hue and
professor at the Christian Seminary in Hue. Author of a 600-page book
of essays Nguyet Bieu An Truyen, which was published in the U.S.A in
2001 and reportedly includes poetry – including prison writings – and
short stories. Place of detention: Ba Sao Nam Ha Labour Camp, Phu Ly
District, Ha Nam Province. Previous imprisonment/political problems:
Previously detained in labour camps from 1977-1978 and from
1983-1992 for peacefully exercising his right to free expression and
freedom of religion. Since his release he has been kept under strict police
surveillance. Other details: Awarded the Homo Homini Award by
People in Need-Czech TV Foundation on 9 April 2003.
NGUYEN Vu Binh
D.o.b: 1969. Profession: Writer and leading member of the Democracy
Club for Vietnam. Date of arrest: 21 July 2002, re-arrested 25
September 2002. Sentence: Seven years imprisonment, followed by
three years house arrest. Expires: 24 September 2009 Details of Arrest:
Arrested by police on 21 July 2002 at his home in Hanoi following a
search of his home and seizure of books and other materials. He was
allegedly held in solitary confinement until mid-August before being put
under house arrest and close surveillance by the police, to whom he had
to report daily. He was re-arrested on 25 September 2002. Background
to arrest: On 16 July 2002 Binh and 16 other writers, relatives of
detainees and retired government officials wrote an open letter to the
government calling for political reform and the release of political prisoners.
His re-arrest on 25 September is thought to be linked to the online
publication of one of his critical essays, ‘Some Thoughts on the China-
Vietnam Border Agreement.’ Details of trial: Convicted of espionage by
Hanoi People’s Court in a three-hour trial on 31 December 2003. Said to
have “written and exchanged, with various opportunist elements in the
country, information and materials that distorted the party and state policies”.
Also accused of communicating with “reactionary” organisations
abroad. His sentence was upheld on appeal by Ha Noi Supreme Court on
5 May 2004. Professional details: Binh is a former journalist who
worked for 10 years for Tap Chi Cong (Journal of Communism), the official
publication of the Communist Party of Vietnam. In January 2001 he
left his post to form the independent Liberal Democratic Party. He has
since written several articles calling for political reform and criticising
government policy. Place of Detention: Ba Sao Prison, Nam Ha
Province. Other: Recipient of the Hellman/Hammett Award 2002.
Treatment in prison: Held in a cell with two criminal convicts, prison
authorities have reportedly not allowed him to receive food or reading
materials from his family. Previous political imprisonment/problems:
Briefly detained in September 2001. Had been under increased surveillance
since April 2002.
PHAM Hong Son
D.o.b: 1967 Profession: Medical doctor and dissident writer. Date of
arrest: 27 March 2002. Sentence: 13 years’ imprisonment, reduced on
appeal to five years plus three years’ administrative detention (house
arrest). Expires: 26 March 2007 Details of arrest: Arrested on 27
March 2003 on charges of espionage after police searched his home,
confiscated his computer and several documents and subjected him to
four days’ interrogation. Details of trial: Sentenced to thirteen years in
prison and three years’ house arrest by the Ha Noi People’s Court on 18
June 2003. He was convicted on espionage charges for his pro-democracy
activities, including using email to “translate and send anti-Party
documents and anti-government documents” to colleagues abroad. His
sentence was reduced to five years on appeal on 26 August 2003. Place
of detention: Prison B14, Thanh Liet Village, Thanh Tri District, Hanoi.
Prison conditions: said to be denied the right to see his wife and two
sons (aged five and three). Recipient of 2003 Hellmann/Hammett grant.
*PHAM Que Duong
D.o.b.: 1931 Profession: Former colonel and army historian. Date of
arrest: 28 December 2002. Details of arrest: Arrested at Ho Chi Minh
City train station whilst returning to his home in Hanoi after his meeting
with fellow cyber-dissident Tran Khue (see below). He and Tran Khue
had formed a group called the ‘National Association to Fight
Corruption’, which they applied to register on 2 September 2001. The 49

50
group was banned, and both men have since been under heavy surveillance.
Details of trial: Charged on 3 February 2004 with espionage
under Article 80 of the Criminal Code, which carries a maximum penalty
of life imprisonment. Specifically accused of having links to foreign
“reactionary” organisations, using the Internet to receive and distribute
documents hostile to the communist regime, and working as a correspondent
for a Canadian magazine. Trial reportedly scheduled to begin on 14
July 2004.
TRAN Khue
D.o.b.: 1936 Profession: Writer and scholar. Date of arrest: 29
December 2002. Details of arrest: Reportedly detained on 29 December
2002 following a visit by Pham Que Duong (see above) and other
democracy activists. Had been under heavy surveillance since 2
September 2001, when he applied to register a group called the ‘National
Association to Fight Corruption’ with Pham Que Duong (see above). He
was placed under house arrest, but refused to accept the terms of the
administrative detention order and challenged the government to bring
him to trial. In February 2002 he sent an open letter to Chinese President
Jiang Zemin during Jiang’s visit to Vietnam. The letter, which was
distributed over the Internet, protested recent border accords between the
two countries. On 8 March 2002 seven police officers reportedly
searched Tran Khue’s home in Ho Chi Minh City and confiscated his
computer equipment and several documents. On 10 March 2002, Tran
Khue sent a message via mobile phone to a friend indicating he was in
danger. Details of trial: Reported to have been charged with espionage
and violating a house arrest order on 9 June 2004. Trial scheduled for 9
July 2004. Place of detention: Phan Dang Luu Prison, Ho Chi Minh city.
Professional details: Former professor of Vietnamese and Chinese literature
and a prolific writer. Founded the Centre for South-East Asian
Culture in 1996. Also established two on-line publications, ‘Dialogue
2000’ and ‘Dialogue 2001’, which included articles by himself and
others on political topics. In January 2002 the authorities ordered all
printed copies of these publications to be destroyed. Other: Recipient of
the Hellman/Hammett Award 2002.
Under house arrest
DANG Phuc Tue (religious name: Thich QUANG Do)
D.o.b.: 1928 Profession: Buddhist monk, writer, scholar. Secretary
General of the outlawed Institute for the Propagation of the Dharma,
United Buddhist Church of Vietnam (UBCV). Date of arrest: 9 October
2003 Details of arrest: Part of a delegation of nine UBCV leaders who
were all arrested on 9 October 2003 (see Thich Huyen Quang above and
Thich Tue Si below). The delegation had left Binh Dinh at 5.00 a.m. on 8
October 2003 en route for Ho Chi Minh City (Saigon) when security
services blocked their departure. After a protest in which over two
hundred monks formed a human shield around their vehicle, the delegation
was allowed to continue its journey, only to meet another police
barricade on the following day, when all nine UBCV leaders were
arrested and taken away for interrogation. Thich Quang Do and Thich
Huyen Quang were placed under house arrest, and Thich Tue Si
sentenced to two years’ administrative detention. No formal charges
against the three have been made known. Since September 2003 a police
clampdown has been underway on efforts by UBCV leaders Thich
Huyen Quang and Thich Quang Do to hold a peaceful UBCV Assembly
to discuss UBCV reorganisation and new appointments. Place of detention:
Thanh Minh Zen Monastery in Ho Chi Minh city. Health
concerns: Reported in November 2003 to be critically ill, and to be
denied medical treatment for diabetes and heart problems. Underwent
heart surgery in late August 2003, and his health has reportedly rapidly
deteriorated as a result of long hours of police interrogation since his rearrest.
Previous political imprisonment/problems: On 27 June 2003
he was released from a twenty-seven month detention order. Has spent
most of the last twenty years in detention or under residential surveillance
because of his campaign for religious freedom and free expression.
PHAM Van Thuong (religious name Thich TUE Si)
D.o.b.: 15 February 1941 Profession: Buddhist monk, writer, scholar.
Leading member of the outlawed Institute for the Propagation of the
Dharma, United Buddhist Church of Vietnam (UBCV). Date of arrest: 9
October 2003 Sentence: 2 years’ administrative detention. Expires: 8
October 2005 Details of arrest: Part of a delegation of nine UBCV
leaders who were all arrested on 9 October 2003 (see Thich Huyen
Quang and Thich Quang Do above). The delegation had left Binh Dinh at
5.00 a.m. on 8 October 2003 en route for Ho Chi Minh City (Saigon)
when security services blocked their departure. After a protest in which
over two hundred monks formed a human shield around their vehicle, the
delegation was allowed to continue its journey, only to meet another
police barricade on the following day, when all nine UBCV leaders were
arrested and taken away for interrogation. Sentenced to two years’
administrative detention. No formal charges have been made known.
Since September 2003 a police clampdown has been underway on efforts
by UBCV leaders Thich Huyen Quang and Thich Quang Do to hold a
peaceful UBCV Assembly to discuss UBCV reorganisation and new
appointments. Place of detention: Held incommunicado at his residence
in Ho Chi Minh city, Gia Lam Pagoda. Professional details: Coauthor
of the Encyclopaedia of Vietnamese Buddhism. Previous
political imprisonment/problems: Has spent most of the last twenty
years in detention or under residential surveillance because of his
campaign for religious freedom and free expression. Arrested in 1978
and sentenced to 3 years ‘re-education’. Arrested again in 1984 and
detained for four years without trial. Sentenced to death in 1988,
commuted to 20 years imprisonment. Released on 1 September 1998.
Nguyen XUAN Tu (pen-name: HA Si Phu)
Profession: Biologist, dissident and writer. Date of arrest: 9 February
2001 Sentence: Held under renewable two year administrative detention
orders. Expires: March 2005 Details of arrest: Reportedly placed under
formal house arrest for “making contact with reactionaries living abroad
to sabotage Vietnam and demanding the overthrow of the socialist
regime and the leadership of the Communist Party”. The house arrest
order was made amid a clampdown on dissidents following ethnic unrest
in the central and southern highlands. In November 2001 he was reported
to be held in total isolation in his Dalat home, with all mail censored and
no telephone communication allowed. His formal administrative order
was reportedly renewed for a further two years in March 2003. Health
concerns: Said to be in poor health, and to suffer from “hand trembling”.
Professional details: Former vice-director of the Vietnamese Institute of
Science and a member of a group of intellectual dissidents in Dalat. Also
author of several critiques of the Communist system. Previous political
imprisonment/problems: Nguyen Xuan Tu had been under effective
house arrest since 12 May 2000, when he became the subject of a police
inquiry for treason. He was suspected of being involved in the drafting of
an open letter appealing for democracy being prepared by a group of
intellectual dissidents, but was never formally charged. On 4 January
2001 the investigation was suspended as a result of his “sincere attitude”

and “appeal for clemency”, and the house arrest order lifted. Also previously
arrested in December 1995 and charged with “revealing state
secrets” for being in possession of a letter from then-Prime Minister Vo
Van Kiet to the Politburo calling for political and economic reforms. Ha
was detained without trial until August 1996, when he was sentenced to
one year in prison and was a PEN main case. After his release in 1997 he
has been subject to constant harassment and surveillance. Honorary
member of: Canadian PEN.
Released
BUI Minh Quoc: Journalist and dissident. Placed under formal house
arrest in Dalat, southern Vietnam, on 12 January 2002 on charges of
“possessing anti-government literature”, including his own writings. His
formal administrative detention order expired on 11 January 2004,
although he remains under heavy surveillance.
LE Chi Quang: Attorney and dissident writer. Arrested on 21 February
2002 and sentenced to four years’ imprisonment and three years’ house
arrest on charges of the ‘dissemination of propaganda against the
Socialist Republic of Vietnam’ under Article 88 of the Vietnamese
Criminal Code for an essay ‘Beware of Imperialist China’ he wrote in
October 2001 which reportedly first disclosed numerous details in the
land and sea border treaties which were signed in 1999 and 2000 respectively.
He has been an outspoken critic of the border agreements.
Released on 14 June 2004. It is thought he may have been released early
on health grounds.
EUROPE
ARMENIA
Investigation
Murad BODJOLYAN: age 56. Former diplomat and journalist.
Arrested January 2002. Trial details: Trial started on 24 October 2002 at
the Norq-Marash District Court of First Instance in Yerevan under
Article 59 of the Criminal Code (treason). Subsequently convicted to ten
years in prison on 16 December 2002. Accused of passing on military
and economic information to the Turkish military intelligence, as well as
details of Kurdish Workers’ Party exiles in Armenia. Lawyers argue there
is little evidence and suggest that his writings are the basis of the charges.
The conviction was upheld in early 2003 and is now final. Bodjolyan has
brought his csae to the European Court on Human Rights. Background:
Bodjolyan is a freelance journalist for the Turkish NTV television
network. Until 1998 worked in the Armenian foreign ministry and acted
as interpreter for former president Ter-Petrosian. Suggestions that the
conviction may be linked to February 2003 presidential elections and is
aimed at undermining Ter-Petrosian who is standing for re-election.
Married with children. PEN is seeking an update of his trial and current
status.
*Suren SURENYANTS: editor in chief of the internet site Republic,
press secretary and member of the political council of the opposition
Republic party. Arrested on 4 April 2004 and taken to the General
Prosecutor’s Office where he was charged under article 301 of the Penal
Code for calling “for a forced change of the constitutional order” and
Clause 2 of Article 318 of the Penal Code for “insult to the representatives
of the authorities”. The first charges relate to a speech made by
Surenyants in which he said that “ground will soon be ablaze under the
feet of the authorities”. The second to a statement in which he called the
law enforcement agencies “bastards”. PEN is seeking an update of his
trial.
AZERBAIJAN
Investigation
Rauf ARIFOGLU: deputy chairman of the opposition Musavat party
and editor in chief of its daily newspaper, Yeni Musavat. Arrest order
issued by the Nasimi District Court of Baku on 27 October 2003 on accusation
of “inciting public disorder” (Article 220.1 of the Criminal Code)
and “resisting police” (Article 315.2 of the CC). After four hours of
questioning, he was imprisoned. Charges linked to clashes between
opposition supporters and police during and around 15 October presidential
election day. Arifoglu denies that he is guilty, but expressed willingness
to appear before a court. Some days earlier, Arifoglu had been
warned that such charges would be made, but that he would not be
arrested. However, he claims that on 17 October 2003 he was subsequently
subject to a kidnap attempt, and fled to the Norwegian embassy
in Baku where he found refuge for some days. On 18 December 2003
the presidential office announced that Arifoglu would not be granted bail.
He had earlier been denied his request to be transferred to house arrest.
Also on 18 December, representatives of the OSCE and the Dutch
embassy met with Arifoglu in prison where he told them that all the
charges against him were groundless. Arifoglu could be held for up to 51

52
three months in investigative detention. If found guilty, he faces a
maximum sentence of 12 years. His pretrial detention was extended for
another 3 months on 17 January 2004. Held in Bailov Prison, Baku.
Underwent a week long hunger-strike starting 9 February 2004. PEN is
seeking information on Arifoglu’s current status.
*Ruslan KHALILOV: journalist for Jumhuriyet. PEN learned in March
2004 that Khalilov had been arrested on 24 November 2003 and was
taken to Bayil prison to serve a three-month sentence. Khalilov was
accused of acts of violence during fracas that occurred during the
October 2003 elections. His family claim that were not informed of his
arrest, and say that they have been denied contact with their son. They
have also been unable to contact the government-appointed lawyer, and
have resorted to hiring in their own. The family dispute that Khalilov was
involved in attacks on policemen. Khalilov is apparently to face trial on
charges that could result in a maximum of five years in prison. PEN is
seeking clarification of this case
Suspended sentences
Sadig ISMAILOV: journalist for the opposition Baki Khaber.
Remanded in custody for three months on 31 December 2003 on charges
of “disturbing the peace” (Article 220.1 of the Criminal Code) and
“refusal to comply” (Article 315). He was arrested for his participation in
demonstrations held in the capital, Baku, on 15 October 2003, in protest
at the conduct of the Presidential elections. Held in Bailov Prison, Baku
until 2 April 2004 when he was sentenced to five years in prison,
suspended. Ismailov will appeal the sentence. Suspended sentences
Rovshan KEBIRLI, Yusif GAMBAR: editor and writer for Mukhalifat
respectively. Sentenced on 25 February 2004 to two year suspended
prison terms for an article by Gambar that appeared in an 18 October
2003 edition of the newspaper. The article claimed that the National
Taekwondo Federation had assisted the security services in breaking up
demonstrations during the presidential elections in October 2003. The
two men were also ordered to pay to the state 15% of their salaries for the
next two years.
Charges pending/threats
*Melakhet NASIBOVA (f): journalist for the Azeri newsagency, Turan,
and for Radio Free Europe/Radio Liberty. Reported by CPJ to have had
libel charges levied against her on 28 April 2004 by the head of a drug
rehabilitation centre who had objected to Nasibova’s use of a quote by
him on the numbers of drug addicts in the Nakhchivan region. He had
apparently asked her to retract the quote, and that she had refused. Ms
Nasibova has subsequently issued counter charges. She claims to have
received threatening phone calls urging her to discontinue her critical
reporting or she and her family will suffer the consequences.
Threat of arrest
Irada HUSEYNOVA (f): Azeri journalist currently resident in Moscow.
CPJ reports that in September 2001 she was convicted on charges of
defamation, alongside two other journalists, for an article published in
the weekly Bakinsky Bulvar that criticised the Mayor of Baku for his
decision to close certain tram lines, demolish drinking fountains during a
water shortage and destroying kiosks, leaving those who worked in them
unemployed. Shortly after her conviction, Huseynova left Azerbaijan to
attend an OSCE conference in Poland. After learning that there was a
warrant for her arrest, she decided not to return and moved to Moscow
where she took up a post at the Centre for Journalism in Extreme
Situations, a Russian freedom of expression organisation. She was briefly
detained by the Russian authorities in November 2002, following an
Azeri extradition order. She remained unable to return to Azerbaijan and
in June 2004 found herself unable to attend a meeting of IFEX in
Azerbaijan to which she had been invited, as the arrest warrant was still
pending. However, on 24 June 2004 the Nizami District Court closed the
case against Huseynova following international protests. Huseynova is
now free to return to Azerbaijan.
Attacked
Mohamed RZAYEV: journalist for the opposition daily Azadlig based
in Nakhchivan. Claimed in June 2004 to have received threatening
phone calls since April 2004 from local officials each time he has
reported on corruption in the city and claims of poor handling of the electricity
supply. He also claims that in April 2004 he was kidnapped by
local police who drove him out of the city and beat him up before
allowing him to return.
Brief detention
*Vugar MAMMEDOV, Sarkarda SARKHANOLGU, Anar
HASANLI, Eldaniz HASANLI: editor-in-chief, deputy-editor in chief,
and reporters for Hurriyyet respectively. Reported by CASCFEN to have
been briefly detained on 11 February 2004 when they staged a picket
outside the General Prosecutor’s Office in protest against the detention of
Rauf Arifoglu and Sadiq Ismailov (see above). Mammedov and A
Haslani were fined.
In Hiding
Azer AYKHAN: journalist for Yeni Musavat (and brother of editor Rauf
Arifoglu – see above) reportedly in hiding as of 12 December 2003 after
an arrest warrant issued.
Case closed
Jehyun ASKERLI: journalist for Milliyet in Geychay and member of
the opposition Popular Front party, arrested on 19 October 2003 and, as
of 24 October his whereabouts and reasons for arrest were still not
known, although reports are that the Interior Ministry promised that all
detained journalists would be freed on 22 October 2003. Presumed no
longer detained.
BELARUS
Main Case
Professor Yury BANDAZHEVSKY
DoB: January 1957 Profession: Doctor of medicine pathological
anatomy. Author of numerous scientific works. Date of arrest: July 1999
Sentence: Eight years reduced to four years Expires: 6 January 2007
Details of arrest: Arrested in July 1999 and released pending trial which
started in December 1999. Imprisoned on conclusion of his trial on 18
June 2001. Trial details: Convicted on charges of a) receiving bribes
from students at the Gomel Medical Institute and b) falsifying documents
in an attempt to escape trial. Bandazhevsky's defence is a) that he did not
receive bribes and that the charges were levied in retaliation for his
medical work, highly critical of the government's handling of the aftereffects
of the nuclear accident at Chernobyl in 1986, and b) the charges
of falsification of travel documents are founded, but that he had done so
fearing imprisonment solely for his criticisms. In addition, Amnesty
International and other local human rights groups point to a number of
breaches of international standards safeguarding fair trial. Sentence

immediately reduced to seven years. An appeal against the sentence was
turned down by the Supreme Court on 23 November 2001. Sentence
reduced to 6 years in January 2002, to 5 years in January 2003 and again
to four years on 8 January 2004. He is eligible for release on parole in
December 2004. His lawyer has faced difficulties in getting access to his
client. Professional Background: Doctorate in pathalogical anatomy.
Director of Belarus' central research laboratory from 1987. From 1990
rector of the Gomel State Medical Institute, southern Belarus (Gomel is
one of the areas most affected by the Chernobyl fall-out.) Bandazhevsky
has carried out numerous studies into the effects of radio-active fall-out
from the Chernobyl disaster on the local population. These have been
widely published. Has been openly critical of the Belarus government's
response to the impact that Chernobyl has had on public health, and
specifically so of the research methodology of the Belarus Ministry of
Health's Clinical Research Institution for Radiation Medicine.
Publications: Reported that Bandazhevsky has published over 200
scientific papers and articles. After being released from pre-trial detention
(and before imprisonment) Bandazhevsky completed further scientific
works including a book published June 2000 on the impact of
radiotope caesium-137 on humans living in the contaminated areas.
Reported in January 2002 that he had prepared two scientific books while
in prison to be published abroad. Place of detention: Transferred to a
"free settlement" at a former military prison in Grodno region in spring
2004 where he is working as a caretaker and has been given a computer
enabling him to carry out limited research. Health: Suffers stomach
ulcers and depression, for which he received medical attention during his
pre-trial detention in 1999. In late 2003 it was reported that although he
has been receiving medical attention, his psychological well-being is
poor. By mid-2004, his family had reported that his health has improved.
Family details: Married Galina Bandazhevskaya, a cardiologist, and
daughter, Olga. Honorary Member: Swiss Romande, English and
Norwegian PEN Centres.
Fined
*Natalya KALIADA (f): journalist and human rights activist. On 2
February 2004 fined 160 for publishing articles on a website specialising
in human rights.
*Marina KOKTYSH (f): Journalist for Narodnaya Volya, reported by
RSF to have been sentenced on 31 May 2004 alongside state television
presenter Eleanora Yazerskaya to 1 milliion roubles ($460: 400) each.
The court had reduced an earlier fine. Relates to an interview by Koktysh
with Yazerskaya, published in October 2001, in which the presenter
referred to the state television head, Yahor Rybakov, as a “bad manager”.
Expelled
*Mikhail PODOLIAK: Ukrainian freelance journalist. Reported by RSF
on 22 June 2004 to have been deported from Belarus by members of the
Belarus KGB for his articles published in the weekly Vremia which the
authorities say “contained libellous fabrications about the state of affairs
in the country and appeals to destabilise the politicla situation in
Belarus”. His writings focus on the relations between Belarus and
Russia. He has been banned from returning to Belarus for the next five
years.
BELGIUM
Harassment
*Hans-Martin TILLACK: journalist for the German weekly Stern, was
detained in Brussels by local police in March 2004. His home was also
raided, as was Stern’s editorial office. IFJ reports that the searches were
ordered by the European Anti-Fraud Office (OLAF) following an article
suggesting possible fraud within the European Parliament. Tillack is
accused of bribing an official for information in 2002, which subsequently
led to the raid, although he has not been formally charged. IFJ
and others believe that the action is being taken in retaliation for his
investigations into EU corruption. On 9 June 2004, the IFJ joined Tillack
in a submission to the European Court of Justice against the European
Commission to have the action against him annulled.
CROATIA
Threatened
*Sasa Jadrijevic TOMAS: journalist for Slobodna Dalmacija. Reported
by SEEMO to have received threats on 23 January 2004 for his investigation
into the private life of a high-ranking official in the Ministry of
Internal Affairs. Tomas has reportedly received official protection.
CZECH REPUBLIC
Attacked
*Tomas NEMECEK: 30-year-old journalist for the weekly Respekt. Set
upon and beaten by unknown men on the morning of 17 January 2004.
Suffered bruising and concussion. The newspaper believes that the attack
could be linked to its investigations into criminal networks and implications
of police involvement with the mafia, investigations into racist
attacks by neo-Nazi groups or criticism of the privatisation of coal mines.
The Czech authorities have initiated an investigation.
CYPRUS (North)
On Trial
Basaran DUZGUN, Hasan HASTURER, Suleyman ERGUCLU,
Hasan KAHVECIOGLU, Mehmet DAVULCU: Duzgun, Hasturer and
Erguclu are editors and writers for Kibris. Kahvecioglu and Davlucu are
both writers for Ortam. All arrested between 3 and 4 November 2003 and
are charged with “inciting hatred towards the state”, in articles they
published. Hasturer also accused of “insulting Turkey’s senior officers”.
If convicted they fact sentences of between 11 to 44 years – according to
Reporters Sans Frontières in its alert dated 6 November 2003. Not
detained. PEN is seeking update on the trial.
DENMARK
Facing possible charges
*Michael BJERRE, Jesper LARSEN: journalists for the conservative
daily Berlingske Tidende. On 26 April 2004 they were informed that the
Public Prosecutor’s Office may issue charges against them of “publishing
information illegally obtained by a third party” under article 152d of the
Criminal Code for which there is a maximum 6-month sentence. This
relates to articles published since February 2004 which quoted from
Danish military intelligence reports given to them by an intelligence 53

54
agent. These reports suggest that there was insufficient information on
the existence of weapons of mass destruction in Iraq prior March 2003 to
justify the deployment of Danish troops in the region.
FRANCE
Attacked
*Jorges Carlos FORBES: journalist for Agence France Presse. Assaulted
on 20 January 2004 as he left the opening of an exhibition in Paris of
Cuban Art. At the time of the attack, there was a demonstration outside
the gallery staged by the press freedom group, Reporters Sans Frontieres,
in protest at the large number of Cuban journalists in prison.
Under investigation
*Judith SILBERFELD (f): editor-in-chief of the gay monthly Têtu. On 8
January 2004 summoned before a magistrate to be informed that she is
being investigated for “public abuse” against Deputy Minister for the
Family, Christian Jacob. She is accused of having used “expressions
suggesting that the deputy minister … did not have the intelligence that
should be expected from someone in his position” and that the minister
had filed a defamation suit in late 2002. The action results from an article
published in Têtu on 19 December 2002, which reproduced the text of an
email apparently sent by the Mr Jacob’s public relations advisor on the
magazine’s internet site. This email referred to an interview carried a
week earlier in Libération. A few hours after it had been placed in the
site, Mr Jacob’s office rang to say that no such letter had been sent. Ms
Silberfeld immediately removed the article, publishing a correction
which stated that she had been the victim of a “clever hoax”.
Facing charges
*Philippe BRUNET-LECOMTE: publication director of Lyon Mag.
Reporters sans frontières reports that Brunet-Lecomte has been indicted
on 28 April 2004 for “defending a criminal act”. Under inquiry is an
interview with a controversial imam who advocates the stoning of
women that formed part of a series entitled “Islamic Fundamentalism;
Lyon Suburbs Infected” published in the magazine on 3 April 2004.
GEORGIA
Brief detention
*Eteri TURADZE, Mzia AMAGHLOBELI: chief editor and publisher
respectively of the newspaper Batumelebi. Arrested briefly on 31 March
2004, ostensibly on narcotics related charges. Colleagues believe that the
charges were linked to the publication in the newspaper of an article
suggesting official involvement in the illegal drugs trade.
Attacked
*Eterii TURADZE, Lela DUMBADZE, Natia ZOIDZE: chief editor
and reporter for Batumelebi, and reporter for the Inter Press Newsagency
respectively. Reportedly beaten by police during an opposition rally in
Batumi on 30 April 2004.
GREECE
On trial - main cases
Angelos PETROUTSAS, Gerhard HADERER: Director of Oxy
Publishing and author respectively. First hearing held on 18 December
2003 for the Greek translation of Austrian writer Haderer’s illustrated
“The Life of Jesus”. The trial was postponed to 4 April 2004. The book is
being charged under blasphemy laws for its alleged depiction of Jesus as
a “hippie”, seen as defamation and ridicule. Haderer’s book has been
published in a number other languages, without similar judicial action,
although not without controversy among the Catholic community in
Austria and other countries where the book has been published.
ITALY
Investigation
*Massimiliano MELILLI: former journalist. Reported by Resporters
Sans Frontieres to have been sentenced to 18 months in prison and a
100,000 fine by a court in Trieste on 24 February 2004 for “defamation”.
The charges relate to an article published in Il Meridiano in
November 1996 on “festini a luci rosse” (red light parties”) attended by
socialites. The charges were brought by a the wife of the then mayor of
Trieste who felt that she had been attacked, although her name was not
mentioned in the article. Melilli was first sentenced, alongside the newspaper’s
editor in chief, in 2000. However his colleague was discharged
on appeal due to health reasons. Melilli subsequently appealed to the
Court of Cassation. PEN seeking clarification of current status.
KAZAKHSTAN
Investigation/House arrest
Sergei DUVANOV: independent journalist, editor-in-chief of Bulletin, a
publication of the Kazakh International Bureau for Human Rights and
Rule of Law. 1) Arrested on 10 July 2002 for “insulting the honor and
dignity of the President” and released the following day pending trial.
Charged under article 318 of the Criminal Code for “insulting the honour
and dignity of the president”. Linked to an article entitled “Silence of the
Lambs” on allegations of bribery, money laundering and corruption by
the President, his family and close associates. Any articles on these allegations
are banned. 2) Arrested on 27 October 2002 on charges of the
rape of a 14-year-old girl. Human Rights Watch and other supporters
believe that the charges may have been fabricated, and that it was aimed
at stopping Duvanov from going to the USA, where he had been invited
in late October to speak to human rights groups and others and where it is
said he intended to raise Kazakh government corruption. Duvanov was
formally charged on 7 November 2002. Trial started on 24 December
2002. And on 29 January 2003 he was sentenced to 3½ years in prison.
There are concerns about the limited access to lawyers to the defendant
and that the press were not allowed into the court room. However representatives
from foreign embassies and the OSCE were present. OSCE
has protested the sentence. Appeal: Appeal hearing held 11 March 2003
upheld the sentence. It was reported on 5 June 2003 that the government
of Kazakhstan had allowed two independent experts to review the
conduct of Duvanov’s trial. The two noted that “The case of the prosecution
was defective and that it left too many points brought forward by the
defence unexplained.” Another appeal request filed by Duvanov’s legal
team was turned down on 19 June 2003. Prison Conditions: On 15
January 2004, Duvanov was released from prison into house arrest. He
must be in his home from 9pm to 6am each night, and is not allowed to
visit public places. He has been allowed to return to his work at the
International Bureau for Human Rights. Other: The UN Special
Representative on the Protection of Human Rights Defenders sent an
urgent action in December 2003 protesting Duvanov’s imprisonment.
The government has replied – details not yet available.

On Trial
*Gennadi BENDITSKIY: reporter for the weekly Vremya. Reportedly
facing charges for articles investigation the alleged misappropriaton of
$15 million destined for the purchase of arms. A campaign group defend
Benditskiy was set up in January 2004, reports Radio Free Europe/Radio
Liberty.
Sentenced: Community Service
*Vladimir MIKHAILOV: Director of the Rifma Ltd media company and
founder of the opposition Diapazon newspaper. Detained for 42 days
before being released to serve 180 hours of community service on 27
April 2004. He had been originally sentenced to one year in prison in
March 2004 for failing to comply with an order to remove a wall from the
publishing house Arsenal as it was deemed that it had been constructed
illegally on a neighbouring property. Supporters say that Mihailov is not
the owner of the building and thus not responsible. They believe that the
action is in fact in retribution for Diapazon’s critical reporting on local
government.
Attacked
*Maksim KARTASHOV: journalist for Vremya. Claims to have been
was set upon outside his home on 11 March 2004 by unknowns who
severely beat him, delivering injuries that required hospitalisation. As
there was no robbery, the suspicion is that the attack was linked to
Kartashov’s articles investigation claims of corruption in the sports
world, including falsification of passports, financial and sexual irregularities.
*Svetlana RYCHKOVA (f): journalist for the Assandi Times. Reported
by IFJ to have been dragged out of her car on 30 January 2004 by
policemen who threatened and beat her. She was subsequently taken for
interrogation and held for several hours before being released. The incident
is thought to be related to Rychkova’s newspaper’s reports on
corruption allegations.
KYRGHYZSTAN
On Trial
Ludmila JOLMUHAMEDOVA (f): journalist for Moya Stolitsa
Novosti. Trial ongoing in June 2003 for an article in which she criticized
the preparations for celebrations of the 2,200 anniversary of the state of
Kyrghystan. The head of the assocaition of Private Enterprises is suing
Jolmuhamedova for insult to his dignity for her claims and is seeking
$US 10,900 from the newspaper, and $US 1,100 from the author. PEN is
seeking further details.
Kabylbek JUMABAEV: journalist. Reported in early November 2003
that a case of “criminal libel and hooliganism” re-opened against him.
The charges had first been levied in May 2002 after he denounced the
arrest of a member of parliament. The reopening of the case is said to be
linked to Jumabaev’s plans to publish an independent regional newspaper.
PEN is seeking further details.
Case Closed
Mikhail KOSUNSKY: a pensioner being sued in April 2003 by Prime
Minister Nikolai Tanaev for an article he wrote published in Moya
Stolitsa Novosti. The article, titled “Remedy for Stupor”, criticised
welfare provisions and is accused of insulting the honour and dignity of
the Prime Minister. Tanaev was demanding $US 130,000 in damages
from the newspaper and half that amount from Kosunksy. Case closed
due to lack of further information.
MACEDONIA
Sentenced: suspended
*Mende PETKOVSKI: journalist. Sentenced in April 2004 by the Bitola
Appeal Court to four months in prison, suspended for two years for slandering
a judge in 2002. He allegedly accused the judge of driving without
proper registration. The Macedonian PEN Centre, alongside the
Macedonian Helsinki Committee, see the sentence as an abuse of
Petkovski’s right to report on claims of official malpractice. They have
protested the sentence as a violation of human rights conventions
protecting the rights to freedom of expression and fair trial.
MOLDOVA
Facing Trial
*Valeriu SAHARNEANU: President of the Moldovan Journalists’
Union. Reported by SEEMO to have been arrested on 25 January 2004
following a speech he made on independence of the media and the need
to protect media rights. He received a police summons and his trial was
set for later in the year.
Attacked
*Alina ANGHEL (f): an investigative journalist for the newspaper
Timpul. Reported by the S. E. Europe Media Organisation to have been
attacked on 23 June 2004 by unknown persons in her home town of
Chisinau. She was beaten with a crowbar, leading to head and arm
injuries. Anghel had reportedly previously receiving threatening phone
calls following the publication of an article suggesting corruption dealing
between a local car firm and the State Chancellery. The attack came on
the eve of a libel hearing against Timpul where the car firm is demanding
US $2 million in damages.
MONGOLIA
Judicial Concern
*A. ERDENETUYA (F): reporter for Mongolyn Neg Odor (A Day in
Mongolia. Said to have been sentenced to three months and a day in
prison on 27 April 2004 on conviction under Article 111/2 of the
Criminal Code for defamation. The charges relate to an article in which
Erdenetuya, age 22, claimed that a woman accused of murder was the
illegitimate daughter of a member of parliament and former police chief.
She is held in Gants Khudag Prison on the outskirts of Ulan-Bator.
International PEN cannot comment on the contents of the article that led
t Ms Eredentuya’s conviction, but considers the custodial sentence an
overly harsh punishment for the offence. It calls for a review of the
sentence and that other means of compensating the alleged victim of the
defamation be found.
POLAND
Sentenced: suspended
*Beata KORZENIEWSKA (f): journalist for the daily Gazeta
Pomorska. Sentenced to one month in prison in May 2004 on charges of
slander. Convicted for an article published 19 May 2001 in which Ms
Korzeniewska refers to rumours that a judge was the author of anony- 55

56
mous letters accusing certain lawyers of corruption. The judge then filed
libel charges and demanded c. $13,000 in damages. Korzeniewska was
judged innocent by a court of first instance, but the prosecution appealed
and she was found guilty, sentenced to one month in prison, suspended
for two years. The judge in question is said to have been stripped of judicial
immunity in 2000 after he had been disclosed as having himself been
connected with organised crime.
*Andrzej MAREK: editor-in-chief of the weekly Wiesci Polickie, was
sentenced to three months in prison in November 2003, upheld on 6
February 2004. He had a week to appeal against the decision. Reporters
Sans Frontieres reports that Marek had been accused for an article
published in his paper in the town of Police in which he accused a local
official of misusing public property. As part of his penalty Marek was
ordered to apologise to the official concerned, but refused to do so.
Although required to start his sentence on 2 March, enactment of the
sentence has been postponed for six months following protests from the
journalist community.
Case closed
Jerzy URBAN: journalist. Charged on 7 February 2003 with “insulting
the head of the Vatican, Pope John Paul II” in an article published in Nie
entitled “Sadomasochism on Wheels”. He was accused of using expressions
whose sole aim was to defame and humiliate the Pope. Case closed
due to lack of further information.
RUSSIA
Investigation
Bakhrom KHAMOROYEV: Uzbeki journalist for the opposition journal
in exile Harakat (Movement). Details of Arrest: Arrested near his home
by the Moscow Regional Department to Combat Organised Crime on 20
July 2003. Apparently accused of drugs offences. The arrest followed a
search of his home at which a small amount of narcotics was found.
Khamoroyev’s wife claims that her husband was severely beaten by police
who told him that they would kill all muslims. Prior to his arrest,
Khamoroyev had made a number of statements publicly criticising the
Moscow police for their arrest of 55 people from Central Asia accused of
Islamic extremism. Most of whom were subsequently deported.
Colleagues claim that Khamoroyev does not consume drugs or alcohol and
believe that the narcotics were “planted” by the police in an attempt to
penalise him for his criticism. In addition it is said that the current climate
of the combat against terrorism has led to the authorities making
unfounded accusations against those linked with radical Islam.
Khamoroyev has been subject to numerous stop and search by police since
1992, although the harassment is said to have increased in recent months.
Political Background: Khamoroyev was active in Birlik, the secular
opposition movement in Uzbekistan. He went into exile in Moscow in
1992 where he became representative of Harakat, published in the USA.
Sentenced: free on probation
*German GALKIN: publisher of Rabochaya Gazeta and deputy editor
of Vecherny Chelyabinsk both opposition newspapers. Also local director
of the Liberal Opposition party. Sentenced on 20 August 2003 to one
year’s hard labour by a Chelyabinsk court on charges of defamation
following a legal suit brought by two deputy governors of the
Chelyabinsk region, Andrei Kosilov and Konstantin Bochkaryov whom
the Rabochya Gazeta had, in articles published in July 2002, accused of
financial irregularities. Galkin denies having written the articles, which
did not carry a by-line, and refers to the fact that the newspaper never
reached newspaper stands as all copies had been seized. He claims that
the case is politically motivated. Galkin’s appeal was upheld on 7
October 2003 and he was imprisoned. On 13 November 2003, an appeal
court ordered that Galkin be freed on probation of one year, following a
reduction of his sentence.
On Trial
Bayan SHIRYANOV: writer (given name Kirill Vorobev). A criminal
case on charges of “disseminating pornography” under article 242 of the
Russian Criminal Code was filed against him on 26 September 2002.
This stems from a complaint made by the youth group Moving Together
against the book The Lower Pilotage. Shiryanov issued a counter suite
against the group, accusing them of insult. The court dismissed the accusation
in March 2003, but following an expert opinion from a Writers
Union member that the book did contain pornographic language.
However the Russian Language Institute of the Russian Academy of
Sciences had come to a different conclusion, saying that the book was
simply a creative work that could not be considered pornography. Trial
under way in April 2004.
Kidnapped
Ali ASTAMIROV: age 34. Journalist for the AFP newsagency.
Reportedly abducted in front of fellow journalists by unknown armed
men in Ingushetia on 4 July 2003. Astamirov, based in the Ingushetia
capital, Nazran, is said to have received threatening phone calls in the
months before his abduction. It is thought he is being held hostage
although no ransom demands have been made. Astamirov’s brother
issued a taped appeal in January 2004 to the kidnappers calling for him to
be freed and allowed to return to his family and two children.
Brief Detention
*Irina PETRUSHOVA: Kazakh journalist for the Assandi Times.
Arrested and held for four hours in St Petersburg on 9 March 2004. She
had been arrested following a request from the Kazakh government for
alleged infringements of Kazakh tax laws. She was told that she was
released without condition as the Russian police believed the charges to
be politically motivated. The Assandi Times is an independent newspaper
which has suffered attacks in recent weeks.
Attacked
*Zamid AYUBOV: journalist for Vozrozhdeniye Chechni was reported by
CPJ to have set upon by Interior Ministry troops and beaten on 16
February 2004. He head been researching an article about troop night
patrols.
*Rebecca SANTANA (f): Moscow correspondent for the Washingtonbased
Cox Newspapers. CPJ reports that she and her “fixer” Ruslan
Soltakhanov, were subject to harassment following a reporting visit to
Chechnya 8-11 February 2004. Santanta claims to have had her notebooks,
mobile, camera and other items by the authorities at the airport as
she boarded a flight back to Moscow. The same day, unidentified men in
civilian clothes came to Soltakhanov’s home, and took him to an
unknown destination. As of 2 March his whereabouts remained
unknown. His wife says that the men claimed that two hand grenades
were found in the house, although she is sure that they had not been there
prior to the search. Santana believes that Soltakhanov’s arrest is linked to
her investigations, which focussed on the plight of refugeees, the disappearance
of civilians and the lives of students.

*Yelena TREGUBOVA (F): journalist and author. A parcel bomb
exploded at her home in Moscow on 2 February 2004. No one was
injured. Tregubova had recently published a book, Tales of A Kremlin
Digger which was highly critical of President Putin and others in his
administration. The book has been a best-seller. Tregubova had been part
of the Kremlin press pool from 1997-2001.
Case closed
Grigory PASKO: Military Journalist. Released on 23 January 2003 after
spending over two years in prison on charges of espionage. PEN considered
Pasko to be detained for his critical reporting on the Russian Navy’s
dumping of nuclear waste into the Japan Sea. Taken up as an Honorary
Member by several PEN Centres. Continued to suffer harassment
following his release including not having his passport returned. This
was returned in December 2003.
SERBIA & MONTENEGRO
Killed: investigation
*Dusko JOVANOVIC: publisher and editor of the daily Dan was shot
dead outside his office in the Montenegro capital, Podgorica late on 27
May 2004. There is no obvious motivation for the murder, but the newspaper
has several libel lawsuits against it, notably one relating to illegal
cigarette smuggling in the Balkans. Also Jovanovic has been charged
with contempt of the UN war crimes tribunal after having revealed the
identity of a protected witness testifying against former Serb president
Milosevic. The charges were dropped in April 2004 after Jovanovic
expressed public remorse for any harm done by the disclosure. Jovanovic
had apparently received numerous death threats.
Attacked
*Hrvatske Staff: editorial staff and journalists at the Hrvatske newspaper
have reported receiving a number of threatening telephone calls,
including death threats on 13 and 14 January 2004. The caller made anti-
Croat remarks. Hrvatske is a Croatian language magazine serving the
Croat minority in Subotica, Vojvodina
On Trial
Zeljko CVIJANOVIC, Jovica KRTINIC: editor in chief and journalist
for the Belgrade weekly Blic. Libel charges have been filed by the
Interior Ministry following a 21 May 2003 report criticising the police
investigation into the murder in June 2002 of Serbia’s deputy chief of
police. Cvijanovic was convicted of another offence on 30 May 2003 for
a July 2002 article accusing a military official of a “dirty propaganda
war” against politicians. PEN is seeking further details.
Charged
*Dominic HIPKINS: British journalist for the UK Sunday Mirror.
Reporters Sans Frontieres reports that criminal charges brought against him
and four others on 4 February 2004. Accused of “harming the image of
Montenegro” and fabricating reports on child-trafficking in the region. The
charges carry a maximum three years in prison. The charges relate to a 25
January 2004 article published in the Sunday Mirror and reproduced in the
Montenegro press in which Hipkins claimed to have posed as a paedophile
and that he had been offered young children for sale. The Montenegro
authorities claim that Hipkins had paid women to make up their accounts.
As of 6 February, Hipkins’ four colleagues, believed not to be journalists,
were under arrest, while Hipkins was being sought by police.
Case closed
Milovan BRKIC and Dragisa PETROVIC: correspondents for the
Montenegro daily newspaper Dan, arrested on 7 April 2003 as part of the
police investigation into the 12 March 2003 assassination of the Serbian
Prime Minister Zoran Djindjic. Case closed due to lack of further details.
Milan COLIC: translator for the Daily Danas. Sentenced to three
months in prison on charges of libel on 2 October 2003. Convicted for an
article published on 6 October 2001 in which he accused Dobrica Cosic,
a writer and former Yugoslav President and head of the armed forces, of
giving orders to shell Vukovar, Croatia. Presumed freed at end of
sentence.
SPAIN
Judicial Concern
Iñaki URIA: Age 42. Leading member of the Administrative Council of
Euskaldunon Egunkaria, a Basque language newspaper. Arrested 20
February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed and
directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Place of Detention: Aranjuez. Torture allegations: Uria claims
to have been tortured at the hands of the Civil Guard during his interrogation.
Background: journalism career started in 1980 when he worked for
Susa literary magazine, and moved on to the magazine Argia (The Light)
magazine in 1982. Worked also as a Basque language teacher and translator.
In the late 80s joined with others to found Egunkaria, a Basque
language paper launched in December 1990, now banned. He was
Deputy Director of Egunkaria from its launch to mid 1992, when he took
on the role of Director. In February 1993 and to his current post on the
newspaper’s Administrative Council. Uria is also a an author and playwright.
Honorary Member: English PEN
Free on bail
Xabier ALEGRIA: Former leading member of the Administrative
Council of Egin a Basque-language paper banned in 1999. Arrested 20
February 2003 under anti-terrorism laws and held in “unconditional
detention” until freed on bail. Alegria claims to have been tortured at the
hands of the Civil Guard during his interrogation. A former teacher of
Basque language, Alegria, he was elected in 1995 to provincial parliament.
Imprisoned for 11 months from July 1998 to May 1999 for his role
in the newspaper Egin, now closed. The Egin case is still in progress. In
September 2001 Alegria was again arrested on charges of being a
member of the political wing of ETA. Honorary Member: English PEN
Fr. Txema AUZMENDI: age 55. Jesuit priest and deputy director of
Radio Popular, San Sebastian. Linked to the Euskaldunon Egunkaria, a
Basque language newspaper. Arrested 20 February 2003 under antiterrorism
laws and held in “unconditional detention”. Freed on bail a few
weeks after his arrest. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
(See above) Torture allegations: Auzmendi claims to have been
tortured at the hands of the Civil Guard during his interrogation.
Honorary Member: English PEN
Martxelo OTAMENDI: director of Euskaldunon Egunkaria, a Basque
language newspaper,now banned. Arrested 20 February 2003 under antiterrorism
laws and held in “unconditional detention”. Euskaldunon 57

58
Egunkaria accused of being financed and directed by ETA, and used by
the organisation for money laundering. There is widespread condemnation
of the charges as being without foundation. Formerly a teacher and
principal at a Basque language school. Editor of Egunkaria since 1993.
(See above) Also served four years as a presenter, director and screenwriter
for Basque public television – ETB. Torture allegations:
Otamendi claims to have been tortured at the hands of the Civil Guard
during his interrogation. Honorary Member: English PEN
Juan Mari TORREALDAI: Writer and President of the Administrative
Council of Euskaldunon Egunkaria, as well as President of its Editorial
Board. Egunkaria is a Basque language newspaper, now banned.
Arrested 20 February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Torture allegations: Torrealdai claims to have been tortured at
the hands of the Civil Guard during his interrogation. Author of
numerous books on Basque Culture and Literature, and three books on
censorship under General Franco,including in 1998 El Libro Negro del
Euskara (The Basque Language’s Black Book). . Editor of Jakin a
ournalty on contemporary thought and philosophy. In 1977 published
Euskal Idazleak Gaur (Basque Writers Today) followed in 1997 by
Euskal Kultura Ortain (Basque Culture Today). (See above) Honorary
Member: English PEN
Pello ZUBIRIA: Age 45. Director of Euskaldunon Egunkaria, a Basque
language newspaper (now banned) from its foundation in December
1990 until his contract expired in mid-1992. He also during this period
held the post of Director of the magazine Argia. Was on sick leave when
arrested. Suffers a serious illness of the spine, ankylosing spondylitis.
Arrested 20 February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Shortly before his arrest he had resigned from Argia due to illhealth.
Health deteriorated sharply following arrest and transferred a
Madrid hospital. Reportedly attempted suicide in detention. (See above)
During the early stages of his imprisonment under the Civil Guard there
were periods when his whereabouts were unknown, adding to already
severe concerns about his welfare. Honorary Member: English PEN
TURKEY
Main cases
*Hakan ALBAYRAK: Journalist for Milli Gazete reported have been
sentenced on 21 April 2004 to 15 months imprisonment on charges of
“insult to Atatürk” in an article published July 2000 under Article 312 of
the Penal Code. The article is said to criticised the fact that prayers were
given during the funeral of an atheist writer, Mina Urgan, comparing it to
the state funeral of Ataturk where no prayers were said and about which
“neither the state nor society seemed concerned at the time”. Sentence to
serve is said to be six months. He is detained in Kalecik Prison, Ankara.
Emine SENLIKOGLU (f): writer. Sentence: 20 months in prison.
Expires: free pending appeal. Details of trial: Sentenced to 20 months in
prison under Article 312 of the Criminal Code (incitement to enmity) for
her book Whose Victim Am I? published in 2000. The book challenges a
ban on Muslim women wearing headscarves. She and her husband, Recep
Ozkan, publisher of the book, made their first appearance before the
court in December 2000. After a series of hearings and postponements,
Senlikoglu was sentenced to 20 months in prison by the Izmir State
Security Court on 14 May 2003. An appeal is being considered.
Background: Ms Senlikoglu is well known for her outspoken objections
to strict laws passed in 1997 forbidding women to wear headscarves in
public places, part of an “anti-Islamisation” campaign. She is the author
of over 40 books, many on Islamic issues, some challenging Western
feminist’s interpretation of Islam. She was also among the authors on trial
in the FoX for All campaign – see Sanar Yurdatapan et al above.
Main case – free on bail
Leyla Zana (f):
Profession: politician, Kurdish rights activist and former journalist.
DoB: 1961 Imprisoned: 8 December 1994 Sentence: 15-years for pro-
Kurdish rights activism. Additional two years for an article written in
prison. Free pending re-trial. Trial Details: 1) At her inauguration as an
MP in 1991, Zana reportedly identified herself as a Kurd. She is also
reported to have worn a headband with the traditional Kurdish colours of
yellow, green and red. These actions, and many of her public statements
and actions of solidarity with the Kurds might well have led to charges
being pressed against her, but she was for a time protected by her parliamentary
immunity. However, in 1994, after she and three other Kurdish
MPS joined the newly formed Democracy Party, which was quickly
banned by the authorities, her immunity was lifted, and she and the other
three were arrested. They were accused of treason and promptly jailed.
Originally charged with treason, the charge was soon dropped, but she
was instead charged with membership of the illegal armed Kurdistan
Workers’ Party (PKK). Prosecutors at her trial relied on statements by
witnesses who were themselves facing prosecution, and who later
retracted their statements, claiming that they had been extracted under
torture. Zana was found guilty and sentenced to a 15-year term. 2)
Sentenced in 1998 to an additional 2 years for an article published in
prison. The article, which does not advocate violence or racial hatred,
was about Nevruz, a Kurdish holiday. Appeal Process: Appeal process
opened in late 2003 and several hearings held until 21 April 2004 when
the sentences were confirmed. However, on 9 June 2004, all four defendants
were freed on bail following a decision that as there have been
changes to the penal system since the sentence was upheld in April. Next
hearing set for 8 July. Journalism and writing: worked in the 1990s for
the now defunct Yeni Ülke (New Country) at its Diyarbakir office, and
specialising in feminism, democracy and Kurdish issues. During her time
in prison, her writings have been collected and published in English by
Blue Crane Books, Massachusetts, USA, under the title Writings from
Prison. Other details: first Kurdish woman elected to the Turkish parliament.
In 1995, Zana won the Sakharov Prize for Freedom of Thought. In
July 2001 the European Court of Human Rights ruled that her trial had
been unfair. Turkey has recently adopted a law which states that any trial
found unfair by the European Court should be subject to judicial review;
however, Zana’s trial is not eligible as the law is not retroactive.
Amnesty International Prisoner of Conscience. Honorary Member:
PEN USA West, San Miguel De Allende, Belgian Flemish, Scottish,
Writers in Exile and English PEN Centres
Investigation cases
Selahattin AYDAR: journalist for Milli Gazete. PEN learned in late
2003 that Aydar was sentenced on appeal to a term of imprisonment (not
specified) for an article published 11 September 2001 entitled “Let’s
Claim Our Children”. Charged under Article 312 of the TPC. PEN
seeking details.

Mustafa BENLI, Kemal EVCIMEN, Nurettin SIRIN: all described
on 27 March 2002, by the Turkish Press Council, as journalists detained
as of 1 January 2002 on conviction of membership of an illegal organisation
and recommended retrials for them. The Paris based Info-Turk
claimed in February 2004 that Sirin remains in Kandira prison serving a
15-year sentence and that Evcimen is also still detained in Sincan prison.
Nevin BERKTAS (f): political prisoner detained since 1994 on charges
of membership of a terrorist organisation. Berktas wrote a book on her
prison experiences called Hücrem (My Cell) which was prosecuted under
Article 169 of the Penal Code for “supporting terrorists”. Thought to be
for comments in the book supporting prison protests denouncing the F-
Type Prisons. Berktas and Elif Camyar, publisher of the book, appeared
at the State Security Court Istanbul on 7 November 2001. Berktas was
subsequently given an additional 45 months in prison. Camyar received a
fine. Background: was first arrested in 1978, and was imprisoned on a
number of other occasions for her radical political activities from then
until she was amnestied in 1991. However she was re-arrested on 16
December 1994 and convicted for membership of an illegal organisation
accused of extremist activities. Prior to the trial for her book, she was
serving a twelve and a half year sentence, to which the 45 month
sentence for the book was added. Place of detention: Istanbul-Gebze
Prison. Berktas is not due to be freed until early 2011.
Memik HORUZ: Editor-in-chief of Özgür Gelecek (Free Future) and
Isci-Köylü (Workers & Peasants). Arrested in 6 June 2001 and held on
charges of membership of an “illegal” organisation. Trial started at
Istanbul State Security Court on 3 September 2001. Charges linked to an
interview that appeared in Özgür Gelecek. Horuz is accused of membership
of the Turkish Communist Party/Marxist Leninist - Workers’ and
Peasants’ Liberation Army of Turkey (TKP/ML - TIKKO) for his interview
with two members of the organisation. Videos produced on 23
January 2002 suggest that he did meet with TIKKO members, although
Horuz maintained his innocence. According to the International
Federation of Journalists, on 20 February 2002, the charges against
Horuz were dropped but new charges were levied of belonging to an
illegal organisation. On 13 June 2002, he was sentenced by the Ankara
State Security Court to 15 years in prison under Article 168(2) of the
Criminal Code for writing an article based on interviews with TKP/ML
TIKKO members and publishing it in November 2000. He was also
accused of taking part in training sessions with this group and being a
member. However his defence reportedly provided alibis proving that he
was elsewhere on the dates of his alleged training sessions. Supporters
believe that he was convicted for his journalistic activities. Sentence
confirmed on appeal on 23 January 2003. Ali Kemal Kahraman, editor
of Ozgur Gelecek, was also on trial for “publishing the interview by
Horuz and therefore supporting an illegal organisation”. WIPC seeking
further details.
On Trial/Charged (not detained)
*Harun AKSOY, Asim YENIHABER (Mehmet DOGAN): editor in
chief and journalist respectively for Vakit. Case launched against them in
May 2004 for an article by Yenihaber published in August 2003 deemed
to be insulting to the Turkish armed forces. Some days earlier 312
generals had successfully sued the newspaper’s owner Nuri Akyon,
Aksoy and Dogan, who received a fine of TL 64 billion.
*Ugur BALIK, Baris GÜLLÜ: Chair of the Excutive Board of the Dicle
News Agency and owner of Özgür Halk journal respectively. Arrested on
charges of membership of an illegal organisation on 14 June 2004
following raids on 8 June on a number of journals and other Istanbul
based organisations by anti-terror police in advance of the NATO summit
to be held 28-29 June 2004. Believed to be held briefly prior to charges.
Güllü had previously been briefly arrested by the anti-terror branch of the
Istanbul State Security Directorate in November 2003.
Dr Fikret BASKAYA, Özden BAYRAM, Ismet ERDOGAN:
Professor and writer, and publishing managers of the Özgur (Free)
University Library. In May 2003 due to stand trial on charges under
Article 159/1 of the Penal Code – insult to the state, state institutions and
the military - for articles published in a collection entitled Articles
Against the Tide, most of which were written and previously published in
the early to mid-1990s. Among the contentious phrases in the articles are
a statement suggesting government approval of an arson attack against a
meeting of writers and artists in the town of Sivas in 1993 in which
around 40 people died. Also denying that “there is such a thing as a
secular republic” going on to state that Turkey is a “torture republic”.
The three reportedly face maximum terms of three years in prison if
convicted. Trial continued before the Ankara Penal Court on 6 November
2003. Hearing held on 17 February 2004 was postponed to 9 June 2004
to allow for another expert witness. Baskaya is an Honorary Member:
English and Swiss German PEN.
*Hasan BAYAR: editor in chief of Özgür Gündem. Case launched against
him in early 2004 and the owner of the newspaper Ali Gürbüz for articles
on the confessions of a PKK member. Indictment being sought under
articles 6 and 7 of the Anti Terror Law on the grounds that the article
revealed the names of certain officials working for the anti terror security
network.
Bedri BAYKAM: owner of the Piramit publishing house. On trial in
June 2004 on charges of obscenity for the book Aum by author Murat
Hiçyilmaz, also standing trial. The book had been confiscated and the
trial arises from the defendants’ refusal to pay a fine..
*Fikret BILA, Ümit GÜRTUNA: author and owner of the Ümit
Publishing House respectively. Trial launched on 10 June 2004 in Ankara
on charges of insult to the MIT (National Intelligence Service) and
revealing state secrets. Charges relate to Bila’s book Sivil Darbe Birisimi
ve Ankara’da Irak Savaslari (An Attempted Civilian Coup and the Iraq
War in Ankara), published in November 2003. On 18 November 2003,
quotations from the book were published in Milliyet. Bila is also the
Ankara representative of the newspaper Milliyet.The book contains reference
to transcripts of a phone call between the British Ambassador in
Ankara and Michael Leigh, Deputy Director of External Relations to the
European Union. MIT claim that the information contained in the document
is confidential and relates to national security issues, and that by
releasing the document, state security was put at risk. The trial was postponed
to a later date to allow for consideration of new legislation
governing State Security Courts.
Mehmet BÖLÜK: Chair of the Istanbul branch of the Republican
Peoples’ Party (CHP). On trial in July 2003 for his book entitled El
Tayyip Nasil Umut Oldu? (How did Al-Tayyip Become the Hope of the
People?) before the Kadiköy Penal Court. Book seen to “insult to Prime
Minister Recep Tayyip Erdogan”. 9 July trial hearing adjourned to allow
time for preparation of the final defence statement to be based on an
expert report suggesting that the book falls within the remit of legitimate
criticism. PEN seeking update.
*Sükrü BULUT, Mustafa DÖLÜKER: journalists. Hearing held before
the Istanbul State Security Court on 10 February 2004 for article entitled
“Zelzeleler Denktir Felaketler” (Earthquakes are Catastrophes).
Originally acquitted by the SSC, the prosecution appealed and a retrial
started. 59

60
Hasan ÇAKKALKURT, Eren GÜVENER, Sinan KARA, Necdet
TATLICAN: editor-in-chief of Posta, editor-in-chief of Milliyet, owner
of Datça Haber and editor-in-chief of Hurriyet. On trial in January 2003
at the Datça Penal Court on charges of insult to the Datça Governor in an
article on his ban on dogs entering the sea. (For other reference to
Guvener and Çakkalkurt, see elsewhere) Kara has charges against him
totalling 8 years and nine months. On 27 October 2003, Kara was
sentenced to one year in prison for allegedly threatening the son of the
former Prime Minister, Tansu Ciller. The incident occurred in June 2000
when Kara attempted to take photos of Mert Ciller on holiday at a seaside
resort. He was apparently attacked by Ciller’s bodyguards, causing him
injury and damage to his camera. Bodyguards maintain that Kara was the
aggressor. PEN considers this charge to be outside of its remit. However
it concurs with RSF that the sentence is overly harsh for the offence.
Kara was currently serving a 144 day prison term and was expected to be
released in mid-March 2004.
Ali Ekber COSKUN: editor-in-chief Dersim. Trial under way for articles
published April 2003 deemed to be “incitement to hatred and
enmity”- article 312 of the Penal Code. The articles are entitled:
“Dersim’de Milat” (Turning Point in Dersim), “Özgürlügüne Düskün
Bir Diyar: Dersim” (Dersim: A Land Devoted to Its Freedom),
“Osmanlı’dan Sonra Cumhuriyetle Süren Alevi Ïhlalleri” (Violation
Against Alevites resumed by the Republic after the Ottomans),
“Festivalin Onur Ödülü” (Festival Honour Reward) and
“Kurumlarımıza ve Aydınlarımıza Çagrı” (A Call to Our Institutions and
Intelligensia). A fourth hearing was scheduled for 11 November 2003.
Also on trial was Kemal Mutlu, Chairman of the Tunceli Culture and
Solidarity Association. PEN seeking update.
*Abdurrahman DILIPAK: editor-in-chief of Türkiye’de Cuma (Friday
in Turkey) (now closed). On 15 June 2004, the trial against him continued
at the Military Court in Istanbul. Charges had been instigated by three
retired military officers for an article entitled “If the Generals do not
Listen to advice” published on 29 August 2003, under Article 95/4 of the
Military Penal Code. Dilipak did not attend the hearing, stating that the
trial was in contravention of the European Convention on Human Rights.
*Sevda ERGIN: journalist and editor in chief of Demokrasi ve Sosyalizm
Yolunda Fabrika (Factory on the Way to Democracy and Socialism).
Trial opened at the Istanbul State Security Court on 6 June. Charged with
“propaganda for an illegal organisation” under article 7/2 of the Anti-
Terror Law. Accused of issuing propaganda for Kongra-Gel (Kurdish
People’s Congress – the successor to the PKK) in an article entitled “The
Recent Situation on the Kurdish Question” published in April 2004.
Ömer FARUK, Funda Uncu IRKLI (F): owner of the Ayrinti
publishing house and translator respectively. Trial to commence in April
2004 against Ömer Faruk and Funda Uncu Irkli (f), translator of
Chuck Palahniuk’s book “Tikanma” (Choke). Both will be charged
under Article 426 of the Penal Code (insult to the morals of the people)
and the book is already confiscated.
*Ubdeydullah HAKAN: journalist for the Dicle News Agency. Hearing
held on 21 January 2004 at the Van Penal Court of First Instance on
charges of “resisting security forces and damaging public property”.
Related to a 26 April 2003 incident. Hakan claims that police assaulted
him and seized his camera. Several hearings held in early 2004. Latest
adjourned to 28 April.
*Sabri KALIÇ, Kivanç GÜNEY, Fuat SESEN and Levent
ERSEVER: three translators and Stüdyo Imge Publishing House
publisher respectively. On trial on 24 March 2004 before the Beyoglu
Court of First Instance. Charged under Article 426 of the Penal Code that
penalises works deemed to be “offensive”. The trial is for the translation
into Turkish of the books Show (a collection of writings by Turkish
authors on the US rap artist, Eminem, Angry Blond, Eminem’s autobiography,
and Irvine Welsh’s Ecstasy: Three Chemical Romances. Next
hearing due in June 2004. The same books are subject to a second trial on
similar charges, due to open 5 May 2004.
Ersen KORKMAZ: editor-in-chief of Demokrat Iskenderun) Case
launched (TKP) against him and Necmettin Salaz, Executive Member of
the Turkish Communist Party following a TKP panel discussion during
which Salaz is said to have insulted the security forces. Korkmaz is being
tried in connection with his reporting on the discussion. Both are charged
under Article 159 of the Penal Code. First hearing held 11 March 2004,
with the next scheduled for 3 June. Previoulsy on trial in late 2002 for
reports of alleged rape in detention of two women.
*Ruhat MENGI: journalist reported by BIA Net to be on trial in early
2004 for an article published in Vatan that criticised plans to reduce the
sentences that can be served against rapists. The article referred to those
who support the changes as having a “sick mentality”. Two MPs who had
drafted the bill subsequently took out charges of defamation. PEN
seeking further information.
Mehmet NAS: owner and editor-in-chief of Özgür Siirt. Trial opened on
10 October 2003 before the Siirt Penal Court. Charged for not publishing
a letter from the Siirt Governor responding to an article in the newspaper
accusing the Siirt Governor of not reacting appropriately to the May
2003 earthquake. The letter was published, but three days after a court
deadline ordering the paper to do so. Prosecution seeks no imprisonment
but heavy fine against Nas. Trial adjourned to 11 December 2003. PEN
seeking further information.
Ahmet ÖNAL: owner of the Peri Publishing House. 1) On trial in June
2001 for publishing a collection of interviews with people in exile
compiled by human rights activist Ms Evin Aydar Cicek entitled
Tutkular ve Tutsaklar (The Passions and the Prisoners). Seen as “insult to
Ataturk”. Sentenced to 15 months in prison in December 2003.
Presumed to be appealing the sentence. 2) On trial in August 2002 for
book by M. Erol Coskun Acinin Dili Kadin (Women: Voice of the Pain)
under article 312 of the Penal Code. Önal heavily fined and Coskun
sentenced to 15 months in prison in August 2003. They appealed against
both convictions. Many other books published by Peri Publishing House
are banned. PEN seeking further details
Suat ÖZALP: editor-in-chief and owner of Azadiya Welat. Charged with
“support for an illegal organisation” under article 169 of the Turkish
Penal Code and Article 5 of the Anti Terror Law. Linked to the publication
on 17 May 2003 of a photograph of PKK leader Abdullah Öcalan
with the caption “Serok (President) Apo”. Also article accompanying
that is said to contain “propaganda for an illegal organisation”. Trial was
to commence in June 2003. PEN seeking further details.
*Aziz ÖZER: editor-in-chief of Yeni Dünya Ïçin Çagri (Call for a New
World). Sentenced to six months in prison on 9 April 2004 by the
Beyoglu Penal Court of First Instance. The charges are in connection
with an article entitled “Don’t Be Silent, Claim the Demands of the
Prisoners”.
Erol ÖZKORAY, Nur DOLAY: Owner and editor-in-chief of the magazine
Idea Politika and journalist respectively. On trial in November 2002
at the Istanbul State Security Court for an article entitled “Kurdish
Wound”. Both are resident in France. By 30 December 2003, Özkoray
was still facing 4 further trials with prosecution calling for up to 30 years
of imprisonment.

Mehmet Emin SERT, Emin KARACA, Dogan ÖZGÜDEN: editor of
the journal Writing in Europe and in Turkey, and writers respectively. On
trial regarding an article “Reminiscenes on the 30th Anniversary” by
Karaca published April 2002, and “30 Years later” by Dogan Ozguden in
the same issue. The articles refer to the execution of three leaders of the
revolutionary left youth movement Progressive Youth in the 1970s.
Charged with insult to the armed forces under article 159 of the Penal
Code. First hearing set before the Istanbul Penal Court No2 on 26
November 2002. Özgüden has been living in exile since the 1970s in
Belgium where he is now editor of Info-Turk. Next hearing set for 18
February 2004 postponed to 17 May 2004. Ozguden sent a noterised
letter from Belgium to the court, saying that he claimed the full legal
responsibility regarding his article in question, and that he won’t be
attending the hearing as he found out that an in absentia arrest warrant
against him was posted to all Turkish airports and national border gates.
Özgüden and Karaca apparently face six year sentences, and Sert a heavy
fine.
Arif SIRIN: nationalist poet and singer (stage name “Ozan Arif”). On
trial in September 2003 alongside singer Ismail Türüt and director
Nursel Tozkoparan (f) for a song performed on television on 15 April
2003 by Sirin said to have “insulted the leader of the 12 September coup
Kenan Evren” under article 159 of the Turkish Penal Code. Hearing in
December 2003 adjourned to a later date. PEN seeking further details.
Gülçiçek Günel TEKIN (f): writer. Indicted 23 December 2002 for her
book “Dilimiz Varlıgımız, Dilimiz Kültürümüz” (Our Language is Our
Entity, Our Language is Our Culture) at Izmir State Security Court. Trial
resumed at Istanbul State Security Court and ended on 4 April 2003. The
prosecutor called for acquittal on the grounds that “the prosecuted
sections of the book in fact fell within the remits of the freedom of
thought”. However, she was sentenced to 1 year 8 months imprisonment
and her publisher Fatih Tas (see above) was heavily fined. PEN seeking
further details. Presumed not detained.
Ahmet TELLI and Abdullah VARLI: well known poet and writer
respectively. 1) Case launched against Telli in early April 2003 on
charges of “propaganda for an illegal organisation”. Telli states that his
arrest is for unfurling a banner and reading a poem at a meeting of the
Democratic People’s Party (DEHAP) of which he is a representative.
(DEHAP is a legal pro-Kurdish party comprising members of three
parties. They failed to obtain the 10% of votes needed to gain parliamentary
representation during the November 2002 elections.) The event
occurred in November 2002 in Izmir where Telli was standing as a
DEHAP candidate. 2) Case launched against Telli and Varli, together
with university students Aysen Keysan (f) and Seyhan Erkek on June
2003 on charges of “propaganda in a public sector building during electoral
[propaganda restrictions] period”. Charges related to a meeting on
15 October 2002, prior to the parliamentary elections on 3 November
2002. PEN seeking further details.
Mehmet Ali VARIS: publisher/owner of Tohum Publishing House.
Indicted in August 2003 for the book by A. Dursun Yildiz “Özgürlesmeye
Pedagojik Bakis” (A Pedagogical Approach to Liberation). A
phrase leading to the indictment includes “Kurdish society has been
assimilated and the education system is used as a means to oppress the
Alevites and Kurds.” Under Article 312 of the Turkish Penal Code. PEN
seeking further details.
Asim YENIHABER: journalist for Vakit. 312 generals have filed a
lawsuit against Yenihaber and his newspaper for “insult” following an
article published 25 August 2003 where the writer questioned the abilities
of the generals to carry out their tasks. PEN seeking further details.
*Mehmet YÜREK: editor in chief of the Marmaris newspaper Degisim.
Trial instigated against him under Article 482 of the Penal Code for
“insult to the honour of state president Kenan Evren”. Charges relate to
an article published on 16 April 2004 entitled “Decentralization,
Governance, and Ten Suggestions for Marmaris’ New Mayor”. Trial to
start at the Marmaris Court of First Instance on 6 July 2004. Yürek has
reportedly previously been sentenced to one year and three month
suspended prison term on 6 March 2004 for an atricle entitled “4 Mustafa
or 4 Worship”.
Ragip ZARAKOLU: publisher, Belge Publishing House. Zarakolu is a
recipient of the NOVIB/PEN Free Expression Award 2003. On 3
December 2003, further charges were initiated under article 312 against
Zarakolu for an article published in Özgür Politika on 8 March 2003 entitled
Sana Ne (Of No Interest) that criticised Turkey’s policy towards the
Kurds in Iraq. Trial opened 26 May 2004 and adjourned to 10 September
2004. Also accused are Ali Çelik Kasimogullari and Mehmet Çolak,
owner and editor in chief of Özgür Gündem (since closed) respectively.
Zarakolu has been subject to many years of harassment, trials and
periods of imprisonment since the 1970s for publishing books on such
issues including minority and human rights. His publishing house was
bombed by right wing extremists in 1995, forcing his publishing house
underground. Honorary Member: American, English, Quebec and
Swedish PEN
Sentenced: non-custodial
*Aziz AYKAÇ: owner and editor-in-chief of Van Sehrivan. Sentenced to a
TL 58 billion fine for not publishing a letter disclaiming an article on the
Van Association of the Victims of Armenian Genocide by writer
Muhittin Çelebi published in 2003. Aykaç claimed that the disclaimer
that was demanded had no relevance to the article.
Celal BESIKTEPE, Mehmet ÇOLAK: columnist for and editor-inchief
of Özgür Gündem (Free Agenda). On trial at Istanbul Beyoglu
Court on 17 September 2003 for an article entitled “Savas Tanrilari”
(Gods of War) under article 312 of the Penal Code. Trial adjourned for
the preparation of the defence statements. On 1 March 2004 the Human
Rights Foundation of Turkey reported that Çolak was sentenced to a fine.
*Sami BUDAK: owner of the newspaper Güney published in Siirt.
Sentenced to three months in prison and a fine for an article published in
September 2003 seen to be insulting to a former MP. The sentence was
commuted to a fine of TL 1 billion, 156 million.
Brief Detention
*Deniz BAKIR: reporter for Dayanisma, reported on 17 January 2004
that he had been “kidnapped” by police. He claimed he had been drugged
and dumped on the Bursa high road.
*Yusuf BASTUG: journalist for Evrensel. Reportedly briefly detained on
13 June 2004 in Adana alongside Halil Emrek, a local MP. Followed
their objections to a police search warrant.
*Ulviye KILIÇ (f): editor in chief of Yesil Göle. Arrested on 23 April
2004 in Göle. She was freed shortly afterwards following discussions
with the Governor of Göle.
*Metin KÜLEKÇI, Selver ORMAN: journalist and representative of
Atilim newspaper respectively. Reported to have bee detained, presumed
briefly, during a raid on their office in Ankara around 25 March 2004.
*Mehmet YÜCEDAG, Medine TUNÇ, Sadik SÜRER, Fahri KILINÇ,
Sevinç TUNCELI, Ibrahim AÇIKYER: all journalists detained at the
Özgür Gündem offices in Izmir and held briefly on 21 January 2004.
61

62
Attacked
*Gamze MIMAROGLU (f): editor-in-chief of Tavir. Reported that she
had been beaten while being held following searches of her newspaper in
Istanbul by the Istanbul Security Directorate on 1 April 2004.
*Mazlum ÖZDEMIR and others: journalist for the Dicle News Agency.
Among over 33 people briefly detained and allegedly beaten during
police raids of several newspaper, cultural organisation and other association
offices in Istanbul on 8 June 2004. The raids are part of antiterrorist
police actions prior to a NATO summit in Istanbul 28-29 June
2004. Özdemir claims to have been beaten by police when he refused to
hand over his mobile phone.
*Ugras VATANDAS: journalist for Evrensel claimed to have been beaten
by police as he attempted to report on demonstrations against the NATO
summit in Istanbul on 29 June 2004.
Sentenced: free pending appeal
Asiye Güzel ZEYBEK (f) arrested 22 February 1997 during a demonstration
protesting alleged links between Mafia and government.
Zeybek, (born 1970) editor-in-chief of Atilim, is specifically accused
under Article 168 of the Penal Code with connections with the Marxist-
Leninist Communist Party (MLKP). The indictment dated from 21 June
1994 accused her of running and distributing the MLKP journal Isçinin
Yolu (Worker’s Path), as well as being an organiser of the movement’s
activities. Formally charged on 7 March 1997. Trial proceedings began
in late 1997. It was still under way on 5 June 2002 when she was freed
pending a final court hearing. On 16 October 2002, Zeybek was
sentenced to 12½ years in prison. By then she had left Turkey for Sweden
where she was a recipient of the Tchukolsky Award. A further appeal is
being made. Torture claims: During a trial hearing on 8 October 1997,
Zeybek claimed to have been raped while under interrogation at the
Istanbul Security Directorate Political Department. On 24 October 1997
her complaint against 8 policemen was accepted following a report
confirming the attack from the Psycho-Social Traumatology Centre in
Istanbul. The officers were brought to trial in November 1998 in Istanbul.
In a hearing of the case on 1 December 1999, all those charged alongside
Zeybek were reported to be remanded in custody. On 1 November 2000,
it was decided not to proceed with the prosecution of the eight
policemen. Zeybek was reportedly hit by bullets in her back and leg
during a police raid on her prison in December 2000. She suffered
temporary paralysis and retains injuries. Zeybek is an Honorary
Member of: Swedish PEN, English PEN, Netherlands, San Miguel
Allende, Ghanaian, American, Swiss Romande, and Canadian PEN.
Released/Acquitted
Ismet BAYRAK, Ali Recai SEYHOGLU: editor-in-chief and columnist
for Kuzey Ege indicted under Article 312 of the Penal Code for an
articles by Seyhoglu published between 27-29 October 2003 deemed to
be insulting to the Minister of Education. Case held at the Bergama
Penal Court of First Instance. Both were acquitted on 10 June 2004.
L. Filiz BINGOLCE (f), Semih SOKMEN: writer and publisher for
Metis Publishing House respectively. Trial started in October 2002 for
“immoral publications” for a dictionary of women’s slang which
includes terms of abuse used by both women and men to insult women.
Several hearings between then and 16 June 2004 when both women were
acquitted.
Zeynel Abidin KIZILYAPRAK:. journalist sentenced to 1 year and
four months in prison in December 2000, and upheld on 14 May 2001 on
charges under Article 8 of the Anti-terror Law for an article published in
the now defunct Özgür Bakis entitled “1900’den 2000’e Kronolojk
Album: Kurtler (Chronological Album of Kurds from 1900 to 2000)
Published February 2000. On 1 April 2003, Kizilyaprak was granted a
visa to Germany to take up a Heinrich Böll Haus placement. The charges
against him we dropped in late 2003 and he returned to Turkey in early
2004.
Hasan ÖZGUN: a reporter with the pro-Kurdish daily “Özgür
Gündem”, was released on 21 April 2003 after more than nine years’
imprisonment. He later faced a a further 12-year jail term for “insulting
state institutions” for comments made in his appeal for a retrial. Özgün,
who was the Özgür Gündem correspondent in the south-eastern town of
Diyarbakir, was accused of “insulting state institutions” (under Article
159 of the Criminal Code) in his 1998 petition for a new trial. In the petition,
he accused security forces of brutality in south-eastern Anatolia
under the state of emergency and of murdering journalists from pro-
Kurdish newspapers. The case was heard on 9 October 2003 but an in
absentia arrest warrant was issued against him and the case was
adjourned to 18 February 2004. On 20 April 2004 the Diyabakir Penal
Court of First Instance acquitted him of the charges. Özgün was originally
arrested in December 1993. On 17 January 1996, he was handed a
12-year and six-month prison sentence for “belonging to the Kurdistan
Workers’ Party” (PKK). Several of Özgün’s colleagues were allegedly
tortured and forced to make statements implicating the journalist while in
police custody in 1993.
Case closed
Kemal AYDENIZ: editor-in-chief of Odak (Focus). Trial ended at the
Istanbul State Security Court on 28 January 2003. He was reportedly
sentenced to three years and 9 months in prison for supporting an illegal
organisation. Presumed free.
Sami CEBECI, Saban DÖGEN, Abdi YILDIRIM: writers for Yeni
Asya. Convicted to 20 months in prison each on 30 May 2001 by the
Istanbul State Security Court for an article stated “the earthquake on 17
August 1999 was a warning from Allah [God]”. Believed to be free.
Ayhan DOGRU: editor in chief of Özgür Halk. On trial in May 2002
before the Istanbul State Security Court on Charges of disseminating
propaganda for an article by Freedom of Democracy Congress of
Kurdistan (KADEK) on Abdullah Öcalan, formerly leader of the PKK.
Trial adjourned to 16 August 2002 to allow time for Öcalan to be interviewed
in his prison cell about the article. Case closed due to lack of
further information.
Bülent FALAKOGLU: editor in chief of Evrensel. Has had several trials
against him since 2000 for articles in his newspaper. Most recently on 19
February 2002, court hearing held at the Bakirkoy Criminal Court for
several articles in Evrensel deemed to insult the army published in April
2001. Next hearing was due 25 March 2003. Presumed no longer on trial.
Serdal GELIR: journalist for Mücadele (Struggle). Arrested on 6 April
1994 when covering a demonstration in Ankara. Accused of membership
of Dev Sol (Revolutionary Left). Although released due to lack of
evidence, the case was reopened under article 168/2 of the Penal Code
and the Anti Terror Law under which he was convicted to 15 years in
prison. Gelir denies membership of the organisation. Said to be among
many prisoners forcibly transferred to solitary confinement cells by
police in December 2000. Also said to have taken part in hunger-strike
protests against prison conditions in January 2001. In June 2002 the
Press Council confirmed he was still in prison. No news since. Case
closed.

Ahmet KAHRAMAN: journalist living in Germany, on trial in March
2003 for an article published on 13 October 2002 in Özgür Gündem
deemed under Article 159 of the Penal Code to insult Turkish identity.
Case closed due to lack of information.
Kadriye KANAT (f): editor-in-chief of Özgür Kadinin Sesi (Voice of
Free Women). Arrested on 27 December 2002 imprisoned until 23
January 2003 when her trial was due to start for articles “The Legendary
Hero of the Kurdish People”, “8 March and a New Feast for Peace” and
“Newroz Celebrations from Imrali”. Imprisoned for ignoring orders to
appear at hearing in October 2002. No news since. Case closed.
Gulcan KAYA (f): editor of the MEM publishing house. On trial in May
2002 before the Istanbul State Security Court on Charges of disseminating
propaganda for publishing an article by Freedom and Democracy
Congress of Kurdistan (KADEK) Abdullah Öcalan, formerly leader of
the PKK. Closed due to lack of further information.
Sinan ÖZYURT: owner and editor-in-chief of Yürüyüs (The March). On
trial on 27 January 2003 on charges under Article 312 of the Penal Code
for a comment relating to the banning of headscarves. Case closed due to
lack of further information.
Nazan YILMAZ (f), Sadik ÇELIK: Journalists for Kurtulus
(Liberation), Zonguldak. Arrested 29 December 1995 under Article 168
(2) of the Penal Code. Sentenced on 17 October 1996 to 12 years 6
months. Accused of membership of an illegal organisation. No news
since 2002 – case closed.
TURKMENISTAN
Investigation
Nikolai GERASIMOV: correspondent for the Azerbaijan Azerpress
news agency, and contributor to Akhal Durmushi (Akhal Life) and
Neytrlniy Turkmenistan (Neutral Turkmenistan), as well as the recently
closed Khalk Sesi (The Voice of the People). Arrested 7 November 2000,
and summarily sentenced to five years in prison on charges of fraud.
Details not available. Other sources suggest that he may have been
convicted on charges of espionage linked to his reporting on an exhibition
on Caspian oil and gas held in Baku. Sources in the region are
facing great difficulty in getting clarification of the case, hampered by
reports that the authorities are penalising any person who passes information
on the case. Reports suggest that Gerasimov is suffering psychiatric
disorder. PEN is seeking further details.
Threat of arrest/Charges pending
*Ashirkuli BAYRIYEV: journalist arrested 1 March 2004 and freed
pending charges 13 March. Bayriyev was arrested by members of the
Ministry of Security (MND) for questioning regarding his relationship
with writer Rakhim Esenov – see below. Exact charges not yet known.
Bayriyev was warned against reporting for Radio Free Europe/Radio
Liberty. Bayriyev is the former Editor-in-chief of Edebiyat ve sungat
(Literature and Art). Now working for Saglik (Health). His son, an
English teacher, and his wife, also a journalist, were sacked from their
jobs after his arrest.
*Rakhim ESENOV: writer and journalist,. age 78 Arrested on 23
February 2004 and freed pending charges on 10 March. Esenov was
arrested by members of the Ministry of National Security (MNB) on 23
February 2004 for interrogation. During questioning, Esenov suffered a
stroke and was taken to hospital where he remained under Security
Service guard. Two days later he was taken from hospital and transferred
to the MND investigation-interrogation unit. He was released condition
that he not leave the country and passport returned. He was also warned
against continuing to report for Radio Free Europe/Radio Liberty. On 2
March 2004 Esenov was charged under Article 177 parts 1 and 2 of the
Turkmen Criminal Code for “inciting social, national and religious
hatred”. The charges relate to Esenov’s book Ventsenosny Skitalets (The
Crowned Wanderer), banned in Turkmenistan for 10 years. Esenov had
managed to get the book published in Moscow in 2003 and had 800
copies delivered to his home in the Turkmen capital Ashgabat. In January
2004, customs authorities had removed the books, alleging they had been
imported illegally. The book, set in the Moghul Empire that was founded
in the 16th Century, centres on Bayram Khan, a poet, philosopher and
army general who is said to have saved Turkmenistan from falling apart.
In 1997 President Saparmurad Niyazov denounced the book as being
“historically inaccurate” and demanded that corrections be made. Other
details: Arrested with Esenov was his friend, journalist Ashirkuli
Bayriyev (see above). Also arrested was his son-in-law Igor Kaprielov.
Health Concerns: acute – Esenov had suffered a heart attacks prior to
his arrest.
UKRAINE
Killed: investigation ongoing
Georgiy GONGADZE: age 31. Editor of the internet newspaper
Ukrayinskaya Pravda (Ukrainian Truth). Disappeared in the evening of
16 September 2000. His disappearance could be linked to his web-site’s
coverage of reported corruption by government officials. In November
2000, a decapitated and severely mutilated corpse was discovered in
Taraschanskyi, close to Kiev later found to be that of Gongadze. On 28
November 2000, Olexander Moroz, the leader of the Opposition Socialist
Party accused President Kuchma of being implicated in the disappearance,
citing audio tapes in which the President is said to have called for
Gongadze’s elimination. In July 2001, the OSCE posthumously
honoured Gongadze for his contribution to journalism and democracy. A
new investigation was opened by the Prosecutor General on 11 July
2002. On 14 September 2002, the Ukraine Prosecutor General admitted
that the killing had been “political” and that a team of US experts were
expected to join his office to conduct an investigation into the
Presidential body-guard’s Mykola Melnychenko’s tape recordings. Yet
in December 2002 the Prosecutor General’s office stated that it thought
that Gongadze’s murder was a “set up” by government opponents
seeking to undermine President Kuchma. In March 2003, Swiss forensic
scientists confirmed that the body was that of Gongadze. A court in Kyiv
on 6 May 2003 sentenced Serhiy Obozov, a former public prosecutor in
Tarashcha Raion, Kyiv Oblast, to 2 1/2 years in prison for abuse of office
and forgery in connection with the case. Simultaneously, the court
excused Obozov from punishment, saying he was protected by an
amnesty law at the time he committed his crimes. In August 2003 a
Council of Europe report on the case concluded that appropriate efforts
had been taken by the Ukraine authorities to resolve the case, a decision
widely criticised by human rights monitors. On 1 August 2003 a key
witness in the case died in police custody, further raising concerns about
the investigation. In June 2004 it was announced that a formal investigation
into this death would be launched. The same month, the BBC
reported that a convicted killer had confessed to Gongadze’s murder. The
prosecutor-general’s office told the press that an imprisoned convict
identified only as “K” had confessed to the murder. “K” was convicted of
other previous murders involving beheading.
63

64
Investigation
*Olexandre POMYTKIN: internet journalist for Ukrayina kryminalna
(Criminal Ukraine) http://www.cripo.com.ua. Reported by RSF to have
been arrested in Kharkiv on 23 May 2004 on accusation of theft and
fraud. He had previously served a prison term between 1991 and 1998 for
“embezzlement of government property”. His colleagues believe that the
charges are fabricated and that he is being penalised for his recently
published book The Ukrainian Mafia on the relations between police and
criminal gangs. He is said to have received death threats and to have been
attacked by thugs in recent months.
Brief Detention
*Kostyantyn SYDORENKO: a journalist for the internet site
www.hotline.com.ua, that focuses on election monitoring in the Ukraine.
Reported by RSF to have been arrested on 25 May 2004 when he went to
a police station to pickup a camera that had been stolen some days
earlier. He was accused of “resisting security forces” and given a
summary sentence of 5 days. Prior to his arrest, Sydorenko’s film footage
showing police removing activists involved in a sit-in in front of a municipal
building had been broadcast. Sydorenko claims to have done nothing
to resist police. He was reportedly held in incommunicado detention.
Attacked
*Petro KOBEVKO: editor in chief of the weekly Chas. Reported by RSF
to have been attacked by unidentified men in Chernivtsi on 28 May 2004,
leading to his hospitalisation. Kobevko believes that the attack was not
linked to any one article, but to the general editorial policy of the newspaper
which has been prosecuted 48 times for its articles.
*Dmitry POZHYDAYEV: editor of the internet site Crimean Linia.
Claims to have been attacked by skinheads on 6 April 2004 near his
home. The attackers beat him and stole his mobile phone and wallet.
Pozhdayev’s site had recently published articles on skinheads in Crimea,
as well as those critical of a local Communist Party leader.
UZBEKISTAN
Main Case
Muhammad BEKZHON (BEKJANOV)
D.o.b: c. 1955 Profession: former journalist Date of arrest March 1999
Sentence 15 years Expires March 2014
Details of arrest: Deported from Ukraine in March 1999 on accusation
of involvement in a series of explosions in Tashkent. Several others
arrested in connection with these events. (see Makhmudov, below) Trial
details: It is thought that his arrest is linked to his association with the
exiled opposition leader Muhammed Salih and that the charges are linked
to his work on Erk, the opposition party’s newspaper, although it has
been banned since 1994. Some of the defendants have testified to having
been tortured under interrogation including beatings, electric shock and
threat of rape of female family members. Professional details: Former
contributor to Erk. Brother of exiled opposition leader, Muhammad Salih
Place of detention: Kagan prison, a TB prison in Bukhara. Health
concerns: reports of torture lead to concern for well being. Relatives who
visited in early 2001 claim to have been alarmed by his state of health
and reported that he requires crutches. The UN Special Rapporteur on
Torture in his 2003 report referred to allegations of torture resulting in
Bekjanov’s leg being broken. It referred to Bekjanov contracting TB, for
which he is getting treatment. The Uzbek government had responded to
the Rapporteur informing him that the sentence had been reduced ty a
fifth, and giving details of the TB treatment being given. It denied that
“moral or physical pressure” had been applied. Other Details: Brother
Rashid Bekzhon arrested alongside him. Wife resident in the USA.
Honorary Member: English PEN, American PEN, USA West.
Mamadali MAKHMUDOV
Profession: writer and opposition activist Date of arrest 19 February
1999 Sentence 14 years Expires 3 August 2013
Details of arrest: Arrested 19 February 1999 after a series of explosions
in Tashkent. Several others arrested in connection with these events.
Trial details: Held in incommunicado detention from February to May
1999. Subsequently charged 1) Article 158 Uzbek Criminal Code –
Threatening the president and 2) Article 159.3 UCC – Threatening the
constitutional order. It is thought that his arrest is linked to his association
with the exiled opposition leader Muhammed Salih. However access
to key documents has been denied. Appears that some of the charges
against the defendants are linked to their writings in and distribution of
Erk the newspaper of the opposition Erk party, banned in 1994. At the
trial, Makhmudov testified to having been tortured under interrogation
including beatings, electric shock and threat of rape of female family
members. On 3 August 1999, sentenced to 14 years. Professional
details: Well-known writer. Member of the Uzbek Writers Union and
Uzbek Cultural Foundation. Previous political imprisonment: imprisoned
between 1994 and 1996 for alleged embezzlement and abuse of
office, charges which at the time were considered by PEN and Amnesty
International to have been fabricated and that his arrest was because of
his association with Salih. This view supported by the United Nations
Working Group on Arbitrary detentions. Place of detention: Transferred
from Navoi prison to the medical centre at Tashkent prison around March
2001. Subsequently moved on to Chirchik prison where the conditions
are said to be less harsh than at Navoi. Reportedly transferred to a
hospital wing on 3 July 2002. Health concerns: reports of torture lead to
concern for well being. Hospitalised July 2000 presumably for facial and
throat surgery. Thought to have resulted from extreme ill-treatment and
neglect in Jaslyk camp where previously held. Honorary Member:
English, American, Canadian, Netherlands and USA West
Yusif RUZIMURADOV
Profession: leading opposition party member and editor-in-chief of Erk
Date of arrest March 1999 Sentence 8 years Expires March 2008
Details of arrest: Deported from Ukraine in March 1999 on accusation
of involvement in a series of explosions in Tashkent. Several others
arrested in connection with these events. (see Makhmudov, above) Trial
details: Sentenced 18 August 1999 to eight years in prison on charges of
attempting to “overturn the government by force”, “membership of an
illegal organisation” and “slander” of the Uzbek President. It is thought
that his arrest is linked to his association with the exiled opposition
leader Muhammed Salih and that the charges are linked to his work on
Erk, the opposition party’s newspaper, although it has been banned since
1994. Some of the defendants have testified to having been tortured
under interrogation including beatings, electric shock and threat of rape
of female family members. Professional details: Former editor-in-chief
of Erk and leading member of the Erk opposition party. Place of detention:
Navoi. Health concerns: reports of torture lead to concern for well
being. Other details: wife resident in the USA. Honorary Member:
English PEN, American PEN, USA West

Ruslan SHARIPOV
Profession: journalist and human rights activist, member of the Union of
Independent Journalists of Uzbekistan (UIJU) D.o.b: c. 1978 Date of
arrest: 26 May 2003 Sentence: four years Expires: 25 May 2007.
Details of Arrest: Arrested in Tashkent on 26 May 2003 with two other
colleagues on suspicion of having committed homosexual acts and sex
with minors. Details of charges: Article 120 of the Uzbek Criminal
Code – homosexuality. Article 128 – sexual relations with minors. Trial
details – the defence: Ruslan, although openly bi-sexual, denied the
charges that he had had sexual relations with minors. In a statement
written on 16 July 2003 from prison, Sharipov stated that the case had
been fabricated by the Mirzo Ulugbek district department of internal
affairs as punishment for his reporting for the Russian PRIMA
newsagency critical of the department and for his activities as chair of the
unregistered human rights organisation Brazhdanskoe Sodeystvye (Civic
Resistance). He added that forensic tests on his alleged victims and
himself exonerated him of the charges. Trial Irregularities – On 8
August 2003 Sharipov appeared in the Mirzo Ulugbek district court and
reversed his previous denials, instead confessing to all three charges, and
also renouncing all his critical articles between the period 2001 to May
2003. He also asked forgiveness from the President and officers of the
district departments of internal affairs. This confession created alarm
among Sharipov’s friends, family and lawyers. He reportedly told his
defence team that he had been forced to make the confession fearing for
his safety and that of his mother. The legal team suspects torture, but saw
no visible evidence. Conviction: On 13 August 2003, Sharipov was
found guilty under Articles 120, 127 and 128 of Uzbek law – all of which
condemn homosexual acts – despite the fact that forensic medical tests
conducted after his arrest found no evidence that he had had sexual relations
with the minors. He was given a five and a half year sentence. This
was reduced to four years on appeal on 25 September 2003 after charges
of “anti social behaviour” involving minors (Article 127) were dropped.
On 5 September, Sharipov sent a letter from prison reversing his confession,
saying he had done so under severe threat and ill-treatment,
including death threats and threatened with injection with the AIDs
virus. Appeal: An appeal hearing on 25 September 2003 dropped
charges of inappropriate behaviour with minors, but upheld those under
Articles 128 and 120, reducing the sentence to four years. In March
2004, Sharipov received assurances that he would be freed under a presidential
amnesty on 11 June 2004. On 12 June, a review commission ruled
not to allow his early release and recommended that he stay in low-security
detention until his sentence runs out. Placards and posters carried by
protestors supporting Sharipov outside the prison that day were reportedly
seized and destroyed by police. Reported ill-treatment: In a statement
issued from prison Sharipov detailed various forms of torture used
against him including death threats, threats to inject him with the AIDS
virus, forced into a gas mask and the administration of unknown chemical
substances (see above). Observers at his 25 September 2003 appeal
hearing noted that his face was injured and his glasses broken.
Background: Sharipov, who is open about his sexual orientation, has
been a critic of the Uzbek government for many years and has written
articles on alleged corruption in the police force. He has worked with a
number of international human rights organisations. In 2002, he was
physically attacked three times, once by police and twice by unidentified
individuals. Article 120 of the Uzbek criminal code provides a maximum
of three years in prison for “the satisfaction of a sexual urge by a man
with a man without violence”. Sharipov as stated that he has not had
homosexual relations in the territory of Uzbekistan. Article 120 has not
been used in recent years. Imprisonment: Held in Tavaksay Prison,
Tashkent until 13 March 2004 when he was granted leave to serve the
remainder of his sentence in an open prison. He has been granted permission
to spend the nights at a relative’s home. He cannot resume his
human rights or journalism activities. PEN Position: International PEN
shares widespread concerns that Ruslan Sharipov may be being
penalised for his long-standing criticism of the Uzbek authorities through
the fabrication of charges of sexual assault. Torture and intimidation of
political prisoners in Uzbekistan is widespread, leading to PEN’s additional
concerns that Sharipov’s confession may have been made under
duress. It is calling for a review of the charges against Ruslan Sharipov in
the light of concerns that they may have been fabricated, an investigation
into the allegations of ill-treatment and lack of adherence to fair trial
standards. Other: Subject of urgent appeals from the United Nations
Special Rapporteurs on Torture and Freedom of Expression, and the
Chairman of the UN Working Group on Arbitrary Detention since June
2003. The UN received a response from the government in September
2003 reiterating that Sharipov was detained for offences of sexual
misconduct. Honorary Member: American, English, USA West,
Writers in Exile.
Investigation
Majid ABDURAIMOV: Journalist for Yangi Asr. Arrested in
Sukhandarya on 10 March 2001 reportedly for accepting a $6,000 bribe.
Thought that his arrest may be linked to articles he wrote on corruption in
January 2001. Reportedly sentenced to 13 years in prison. PEN seeking
further details. A report dated April 2003 from his wife Bibinor
Abduraimov after she visited him in prison claims that since being
detained he has lost a lot of weight, and that his health has deteriorated
rapidly. PEN is seeking further details.
Khayrullah (Hairulla) ERNAZAROV: journalist. Arrested 28 April
2003 by national security service (SNS) agents at his home in Tashkent.
Trial: Trial opened in Samarkand regional court on 18 June 2003.
Ernazarov is said to be accused of disseminating audio cassettes of
sermons by the Islamic preacher Abduvalli-kori, and thus promoting
wahhabism (a conservative Islamic sect), and being a member of the
Hizb-Ut-Tahrir party. His lawyer, provided by the Centre for Human
Rights Initiatives, was apparently denied access to the 18 June court
hearing. Human rights groups have expressed deep concern about the
arrest and reported torture of alleged Hisb-Ut-Tahrir members, and there
are fears for Ernazarov’s well-being. A fourth hearing was held on 18
July 2003 during which eight witnesses testified. All had been
condemned of “wahabi-ism” in 2000. Six declared that they did not
recognise Ernazarov. One apparently claimed in court that his statements
had been extracted under torture. Others have made similar claims.
During the hearing, Ernazarov apologised to the court and Uzbek
President. When asked why, Ernazarov is said to have replied that he
apologised only for practising Islam prayer. The trial hearing was barred
to journalists. Convicted to seven years in prison on 28 July 2003.
Background: Ernazarov graduated from the Tashkent Theatrical
Institute in 1997, and went on to work as a proof-reader for the newspaper
Khalq Suzi and worked for the newspaper Sport. He left journalism
in 2001 to care for his wife and two young daughters, age five and six,
both of whom are disabled. His wife is also disabled. Ernazarov had
reportedly stopped working as a journalist, and was at the time of his
arrest employed in a bazaar to earn money for the surgery needed by his
daughters. Prison conditions: Ernazarov’s family complain that they
have not been granted access to him where he is held at the Samarkand 65

Investigation Centre, and have been unable to deliver food and clothing.
Other: In July 2003 the UN Special Rapporteurs on Torture and
Freedom of Expression, and the Chair of the UN Working Group on
Arbitrary Detention sent an urgent appeal about the arrest and lack of
access to legal counsel The Special Rapporteurs on Torture and Freedom
of Expression sent subsequent appeals in August 2003 following the
conviction of Ernazarov following a trial that dismissed allegations that
he and his defendants had been tortured. The Government responded that
Ernazarov had been defended by a lawyer, and contested reports that his
wife had not been allowed access to him.
Gayrat MEHLIBOEV: age 23. Journalism graduate. Arrested 24 July
2002 Chorsu Market, Tashkent, during an illegal demonstration. Accused
of supporting the banned Hizb ut-Tahar Islamist group. Charged under
Article 156 of the Criminal Code – inciting religious enmity, Article 159
– forming illegal religious organisations, Article 244 participation in
extremist groups. Sentenced 20 February 2003 to seven years in prison.
Accusation based on article published in 2001 on the ideology of Hizb
ut-Tahar and literature of the organisation found in his room. Mehliboev
claims that while he studied the organisation’s ideology which he used as
a source for his article, he was not involved in violent act. He also denied
possession of the literature. He claims to have been tortured in detention.
Graduated in journalism in June 2002 from Tashkent University. PEN is
seeking further details.
hooliganism and embezzlement. Toshev claims the action is in recrimination
against his articles in Posbon criticising the regional law enforcement
agencies. Case closed due to lack of further details.
Threatened
*Tulkin KARAEV: Kachdaria correspondent for the London based
Institute for War and Peace Reporting and for the Uzbek service of the
Voice of the Islamic Republic of Iran radio station. Threatened by the
National Security Services that he could face charges of “collaborating
with extremists” unless he changes the coverage of bombings in
Uzbekistan in March 2004. In early April 2004 Karaev reported on
arrests of Uzbek Muslims following the bombings, also accusing the
security services of planting narcotics on imams.
Harrassed
*Bobomurod ABDULLAYEV: director of OZOD OVOZ, an NGO
working for freedom of expression in Uzbekistan. On 13 June 2004 he
travelled to Azerbaijan to attend a meeting of IFEX. That day his wife
was reportedly questioned by police about the visit. On 14 June the
police returned and informed Abdullayev’s wife that a arrest warrant had
been issued against her husband although the specific charges were not
identified. Abullayev’s wife and two children subsequently moved out of
their home fearing attack.
66
Case closed
Mutabar TAJIBAYEVA (f): journalist and human rights activist.
Reportedly “disappeared” with her daughter around 6 December 2002
when she failed to appear before the Altyaryk District Court. Tajibayeva,
a known human rights reporter and contributor to the Institute of War and
Peace Reporting and head of the Ferghana based human rights group Ut
urakla (Fiery Hearts). Apparently Tajibayeva was planning to hold a
demonstration before the Uzbek parliament on 8 December on human
rights abuses. She had been called to the court to answer charges of
“disturbing public order” and “establishing an illegal organisation” (Ut
Urakla is not registered.) Case closed due to lack of further information.
Olim TOSHEV: former editor of Posbon. Dismissed in summer 2002.
Informed on 27 January 2003 by the Karshi branch of the Ministry of the
Interior Kashka-Darya region that he is under investigation on charges of

MIDDLE EAST
BAHRAIN
On trial
Mansour AL-JAMRI and Hussein KHALAF: Editor and reporter
respectively for the leading Arabic-language daily Al-Wasat. Reportedly
charged under the 2002 press law with violating a gag law. The case
stems from a 26 March 2003 article by Khalaf reporting that three
suspected terrorists detained in February 2003 had been released from
custody. The authorities claim that the journalists did not have the necessary
authorisation from the public prosecutor’s office to publish the
information. According to Al-Jamri, the Prosecutor General ordered the
newspaper not to publish anything relating to the proceedings when the
three alleged terrorists were detained in February 2003. The paper
complied with the order until the release of the men on bail was
published in several other news outlets. Al-Jamri and Khalaf’s trial began
on 21 June 2003. If convicted they face up to six months’ imprisonment.
Al-Jamri was the spokesman of the opposition Bahrain Freedom
Movement, and lived in self-imposed exile in London for many years.
WiPC seeking an update on progress of trial.
EGYPT
Judicial concern
Abd al-Mun’im Gamal al-Din `ABD AL MUN’IM: Freelance journalist,
born c. 1964, currently facing trial on charges of terrorism before a
military court. He was arrested in February 1993, acquitted in October of
that year of being a member of an illegal Islamist group but issued with a
new detention order and placed in a high security prison. He has been
charged along with 106 others of supporting the militant Islamist group
al-Gihad (Holy Struggle) in a trial known as the “Returnees from
Albania” trial. On 18 April 1999, the Supreme Military Court acquitted
20 of the 106 including `Abd al-Mun’im Gamal al-Din. However, he was
immediately issued with a new detention order and was transferred to
Istiqbal Tora prison, north of Cairo, which is closed to visits. Amnesty
International is among groups expressing concerns over his judicial
process and is treating him as a possible prisoner of conscience. His journalism
was critical of the government and some believe that this is what
really lies behind his imprisonment. He used to write regularly for the biweekly
Al-Sha’b. Still detained as of 30 June 2004. Held in Rayoum Jail,
south-west of Cairo, and said to be suffering from kidney problems and
asthma.
Sentenced, free pending appeal
*Ahmed EZZEDINE: Correspondent for the weekly Al-Ousbou.
Sentenced on 16 June 2004 to two years’ imprisonment for defaming
Deputy Prime Minister and Agriculture Minister Youssef Wali after
accusing the minister of “false testimony” in an article published on 23
June 2003. He was reportedly tried in absentia, and is thought to have
gone into hiding where he is expected to remain until the impending
reform of the Criminal Code to end prison sentences for press offences
announced in February 2004 has been adopted by Parliament.
Book banning/Fear for safety
*Nawal EL-SAADAWI (f): Novelist. Her novel The Fall of the Imam was
banned in late May 2004 after the Egyptian authorities granted the Al-
Azhar Islamic Research Centre (IRC) wide-ranging powers to ban and
confiscate material deemed to violate religious principles. Religious
authorities raided book shops on 29 May 2004 and confiscated hundreds
of publications that allegedly did not conform to Islamic teachings,
including El-Saadawi’s novel. The novel was first published nearly
twenty years ago and re-issued in Arabic in 2002. It reportedly tells the
story of a dictator surrounded by Islamic scholars who distort the Quran
to justify the dictator’s corrupt actions. El-Saadawi has been previously
targeted for her writings.
*Ahmad AL SHAHAWY: Poet. A “fatwa” was reportedly issued against
him in November 2003 for his book Tips for Women in Love within
Islam. The book was reportedly published by the Egyptian Lebanese
Publishing House. Shahawy was the 1995 recipient of the UNESCO
Literary Award.
Released
Mustapha BAKRI and Mahmoud BAKRI: Editor of and journalist
with the weekly Dar El-Asboua respectively. Arrested on 2 June 2003
and sentenced to one year’s imprisonment after the Egyptian Supreme
Court upheld their conviction on appeal on 1 June 2003. Mustapha and
Mahmoud Bakri were convicted of libel and slander by the Criminal
Court of Cairo in May 2000. The case was brought by Mohammed Abdel
Al, head of the opposition Social Justice Party and editor of the newspaper
Al-Watan Al-Arabi, in October 1996 after they accused him of
corruption. Abdel Al has since been sentenced to 10 years in prison for
taking bribes from businessmen. Bakri and Bakri are are presumed freed
on expiry of sentence on 1 June 2004.
Case closed
Ahmed HAREDI Muhamed: Editor-in-chief of the on-line newspaper
Al Methaq Al Arabi. Reportedly sentenced to six months’ imprisonment
on 28 April 2002 for publishing allegedly libellous statements against
Ibrahim Nafe’e, editor-in-chief and chairman of Egypt’s largest newspaper
Al-Ahram, in a series of articles on his website in May and June
2000. He remains free on bail pending appeal. Case closed for lack of
further information.
IRAN
Main Cases
Abbas ABDI
Profession: Journalist and Director of the Ayandeh public opinion firm.
Date of arrest: 4 November 2002. Sentence: 9 years and six months’
imprisonment. Expires: 3 May 2012. Details of arrest: Detained on
charges of ‘having received money from either the US polling firm
Gallup or a foreign embassy.’ The head of court 1410 (known as the press
court) also ordered a search of his house. This followed the publication
of an Ayandeh poll indicating overwhelming support for a resumption of
Iran’s ties with the US by the official news agency. Details of trial: His
trial began on 1 December 2002, and he was sentenced to eight years in
prison on 2 February 2003. In April 2003 his sentence was reduced on
appeal to four-and-a-half years, but was reportedly extended by five
years in October 2003 for a count on the charge sheet that has not been
made public. Place of detention: Evin Prison. Treatment in detention: 67

68
Reportedly moved into incommunicado detention in March 2003 for
further questioning and all contact with family and lawyer severed. Fears
of ill-treatment. Suffering from a severe pain in his right foot and making
repeated requests for a doctor. Health concerns: In September 2003 it
was reported that Abbas Abdi was on hunger strike and had lost a great
deal of weight. Professional details: Abdi, a former editor of the nowclosed
daily Salam, has worked for many pro-reform newspapers.
Previous detentions: Abdi was detained for 11 months in 1991 for criticising
then-president Ali Akbar Hashemi Rafsanjani.
Hashem AGHAJARI
D.o.b.: 1957 Profession: Prominent reformist intellectual. Head of the
history department at the Tarbiat Modarress University in Tehran. Date
of arrest:August 2002 Sentence: Eight years’ imprisonment, commuted
to four years in July 2003. Expires: August 2006 Details of arrest:
Detained in connection with a speech in which he reportedly rejected
demands to “blindly follow” clerical rule. Details of trial: He was
sentenced to death for apostasy on 9 November 2002 by the Fourteenth
District Court in the western city of Hamadan. In addition to the death
sentence Aghajari was sentenced to 74 lashes, eight years’ imprisonment
in internal exile and a 10-year teaching ban. On 17 November 2002
Ayatollah Khameni ordered the sentence to be reconsidered following
extensive student protests, and on 2 December 2002 Professor Aghajari’s
lawyer lodged an appeal. On 10 December 2002 a senior Iranian justice
official reportedly tendered his resignation in protest against the severity
of the sentence. In January 2003 the Supreme Court quashed the death
sentence against him ‘on technical grounds’ and ordered a re-trial. In
July 2003 the Supreme Court reportedly commuted the death sentence to
four years’ imprisonment. On 15 February 2004 Aghajari sent an open
letter from prison protesting the barring of pro-reform candidates from
standing in the 19 February 2004 elections. On 3 May 2004 the Hamedan
court is believed to have re-imposed the death sentence and sent the case
back to the Supreme Court. On 1 June 2004 the Supreme Court is again
reported to have quashed the death sentence. Place of detention: Evin
Prison, Tehran. Other information: Member of the left-wing reformist
political group the Islamic Revolutionary Mujahidin Organisation.
Honorary member of: Norwegian PEN.
Hojjatoleslam Hasan Yousefi ESHKEVARI
D.o.b.: 1950 Profession: Researcher and journalist. Director of the Ali
Shariati Research Centre and contributing editor of the newspaper Iran-e
Farda, banned in April 2000. Date of arrest: 5 August 2000 Sentence: 7
years Expires: October 2007 Details of arrest: Eshkevari was arrested
at his home, a few hours after he flew into Tehran from a trip to Europe.
He was one of a number of Iranian writers, journalists and academics
who attended a conference at the Heinrich Böll Institute in Berlin on 7-9
April 2000 entitled “Iran after the elections”, at which political and social
reform in Iran were publicly debated. Eshkevari reportedly learned that a
warrant had been issued for his arrest shortly after the conference, and
had since been staying in Germany and France. Many other prominent
Iranian intellectuals who attended the Berlin conference were arrested
and charged. Details of trial: Eshkevari’s trial was held behind closed
doors from 7-17 October 2000 in the Special Court for the Clergy. He is
believed to have been convicted of “acting against national security” in
connection with a speech he gave at the conference, “defaming government
officials in articles”, “starting a campaign against the system”, and
“denying and insulting the holy religion of Islam”. He was also additionally
charged with “declaring war on God”, “being corrupt on earth”, and
apostasy, all of which carry the death penalty, but the latter three charges
were overturned. New charges of ‘propaganda against the Islamic
Republic’ and ‘insulting top-rank officials’ were filed against him at the
Special Court for the Clergy, for which he received a sentence of seven
years’ imprisonment on 17 October 2002 – five of which he will have to
serve. His sentence was upheld upon appeal on 7 March 2003. Was
eligible to apply for conditional release in January 2004. Health
concerns: Eshkevari is an insulin-dependent diabetic, and there are
unconfirmed reports that he has been unable to obtain insulin in custody.
In October 2003 the Special Court for Clerics reportedly agreed to give
him 5 days leave from prison per month for medical treatment. He is said
to have suffered an eye haemorrhage in prison caused by diabetes. Place
of detention: Transferred to Prison 59, a military detention centre, in
April 2001. Held incommunicado until mid-July 2001. Other information:
Adopted by the UN Working Group on Arbitrary Detention in
2001. Honorary member of: Canadian, Danish, Ghanaian, American,
Scottish and English PEN Centres.
Amir Abbas FAKHRAVAR
Profession: Writer, journalist for the now-banned pro-reform dailies
Mosharekat and Khordad, and medical student. Date of arrest: 10
November 2002 Sentence: Eight years in prison Expires: 9 November
2010 Details of trial: Sentenced by Bench 26 of the Revolutionary Court
on or around the 10 November 2002 to eight years in prison for criticising
the supreme leadership of Iran in his book Inja Chah Nist (‘This
Place is Not a Ditch’), shortlisted for the 2001/2 Paulo Coelho Literary
Prize. Following a period of leave from Evin prison he was ordered to
appear in court on 18 March 2003 for an appeal hearing. When he
appeared he was denied representation by the two lawyers who had
represented him on previous occasions. After an argument with the judge
he was beaten in front of Bench 26 before being transferred to prison. It
is thought that he may have been targeted for writing an open letter to the
authorities on 4 February 2003 criticising the Iranian government and
demanding a referendum on the future government of Iran. Place of
detention: Qasr prison Treatment in prison: Reportedly held amongst
common law prisoners and is being denied medical treatment for the
reportedly severe injuries sustained in court and an existing foot injury.
Said to have been repeatedly attacked in staged assaults by fellow inmates.
In January 2004 he was taken from Qasr prison to a military
detention centre - called “125” and which is run by the Revolutionary
Guards - for interrogation about alleged links with an opposition political
organisation called Jonbesh-e Azadi-ye Iraniyan. He was held in
solitary confinement and subjected to a technique of sensory deprivation
is called “white torture” (shekanjeh-e sefid). On or around 8 February
2004, Amir Abbas Fakhravar was reportedly allowed to leave the detention
centre. However, two days later he was taken into custody again.
While he was free he was able to tell others about what was being done to
him. It is not clear whether he is now held at “125”, Qasr or elsewhere.
Health concerns: Thought to have sustained a broken leg during the
court assault. Other information: His sister and brother-in-law were
reportedly arrested on 17 June 2003 for talking to journalists about the
incarceration of Amir Abbas Fakhravar. Honorary member of: English
PEN.
Akbar GANJI
Profession: Journalist. Date of arrest: 22 April 2000 Sentence: 6 years’
imprisonment. Expires: 21 April 2006 Details of arrest: Arrested
following his participation in an academic and cultural conference held

in Berlin on 7-9 April 2000 entitled “Iran after the elections”, at which
political and social reform in Iran were publicly debated. Details of trial:
Trial started on 9 November 2000 at the Revolutionary Court in Tehran.
On 13 January 2001 he was sentenced by Bench 3 of Tehran’s
Revolutionary Court to ten years’ imprisonment plus five years’ internal
exile, four years for his attendance at the conference and six years for
other charges, including “spreading propaganda against the Islamic
regime”, for a series of articles he had written implicating leading figures
in the murders of several dissidents and intellectuals in the mid-late 90’s.
On 15 May 2001 an appeal court reduced his 10-year sentence to six
months and overturned his additional sentence of five years internal
exile. However, although he had served the entire sentence, the Tehran
judiciary challenged the appeal court decision and brought new charges
against him in connection with newspaper articles he wrote prior to April
2000. Sentenced on 16 July 2001 to six years’ imprisonment on charges
of collecting confidential information harmful to national security and
spreading propaganda against the Islamic system. On 15 October 2003
he was reported to have appeared before an examining magistrate to
answer questions about his book Prison-like Archipelago. There are said
to be several cases pending against Ganji for articles he has written,
including charges of ‘propaganda against the regime’ and publishing lies,
insult and libel. Professional details: Author of the best-selling book
Dungeon of Ghosts, a collection of Ganji’s newspaper articles published
in early 2000, in which he implicated the former president, Akbar
Hashemi Rafsanjani, and other leading conservative figures in the “serial
murders” of 1998. The book is said to have seriously damaged the reputation
of Rafsanjani, and is thought to have been a major factor in the
conservative defeat in the parliamentary elections of February 2000.
Place of detention: Evin Prison. Treatment in prison: Reported in
April 2003 to have spent 70 days in solitary confinement. Health
concerns: In April 2003 his wife reported that he had been refused
necessary hospital treatment for a back complaint. Said to be looking
well physically and mentally in October 2003. Other information:
Recipient of the Canadian Journalists for Free Expression (CJFE) 2000
International Press Freedom Award. Honorary member of: Canadian,
American, Liechenstein and English PEN Centres.
Hossein GHAZIYAN
Profession: University lecturer and director of the Ayandeh Research
Group. Formerly worked for the now-banned newspaper Nowrooz. Date
of arrest: 31 October 2002. Sentence: Nine years’ imprisonment.
Expires: 30 October 2011. Details of arrest: Detained by judicial officials
on following a search of his Tehran office. The Ayandeh Research
Group has since been closed down according to an order by the judiciary.
Details of trial: Ghaziyan’s trial began on 1 December 2002, and he was
sentenced on 2 February 2003. Place of detention: Evin Prison, Tehran.
*Ensafali HEDAYAT
Profession: Freelance journalist, has written for a number of reformist
and overseas newspapers. Date of arrest: 17 January 2004. Sentence:
18 months’ imprisonment Expires: 16 July 2005. Details of arrest:
Arrested at his home in Tabriz, northwestern Iran, on 17 January 2004 by
Ministry of Intelligence officials, who searched his house and seized
computer equipment and personal documents. Hedayat had recently
returned from Berlin, where he had been attending the founding conference
of the ‘Unity for Democracy and Secular Republic in Iran’
(Ettehad-e Jomhouri Khahan-e Iran), a group which supports the
peaceful establishment of a democratic and secular republic in Iran. The
conference took place in Berlin on 8-10 January 2004, and is believed to
have been attended by up to 800 delegates representing a range of political
views, seeking to establish a peaceful alternative political structure in
opposition to the current government of Iran. Hedayat is believed to have
been covering the conference as an accredited journalist. Details of trial:
Sentenced by the Tabriz Revolutionary Court on 14 April 2004 to eighteen
months’ imprisonment. He received one year for ‘insulting senior
officials of the Islamic republic’ and six months for ‘propaganda against
the regime’. Sentence upheld on appeal on 11 May 2004. Place of detention:
He is believed to be held at a detention centre under the control of
the Ministry of Intelligence. Treatment in detention: Feared to have
been ill-treated during interrogation sessions. Health concerns:
Reported in May 2004 to have started a hunger strike. Previous political
imprisonment/problems: Ensafali Hedayat was previously detained on
16 June 2003 whilst covering student demonstrations at the University of
Tabriz, and was released on 14 July 2003. He reportedly spent 20 days in
solitary confinement, and claims to have been tortured and held in poor
conditions during his imprisonment.
Alireza JABARI
Profession: Translator and freelance contributor to several independent
newspapers, including Adineh and Shahrvand. Date of arrest: 17 March
2003 Sentence: 4 years in prison, reduced to three years on appeal.
Expires: 15 March 2006 Details of arrest: Summoned to the Police
Department on 16 March 2003, where he is feared to have been illtreated.
Details of trial: Sentenced on 19 April 2003 to four years’
imprisonment, 253 lashes and a fine of six million rials for ‘consuming
and distributing alcoholic drinks’ and ‘adultery and incitement to
immoral acts.’ It is believed that Jabari is being targeted for his membership
of the Iranian Writers’ Organisation and for sending materials to
foreign-based news websites. His lawyer was not allowed to attend his
trial. Reportedly summoned to court in February 2004 to answer new
charges of “publishing lies with intent to disturb public opinion” for two
articles published online about his treatment in detention and his criticism
of the February 2004 parliamentary elections. Place of detention:
Rajaee-shahr Prison, Tehran. Health concerns: Suffers from diabetes
and a heart complaint, and said to be denied access to proper medical
care. Previous political imprisonment/problems: Previously arrested
on 28 December 2002 from his office in Tehran by individuals in civilian
clothes. He was escorted to his home, which was searched, and videos,
books and his computer’s hard drive were seized. Held in solitary
confinement until his release on 5 February 2003.
Siamak POURZAND
D.o.b.: 1930 Profession: Journalist and film critic. Date of arrest: 24
November 2001. Sentence: 11 years’ imprisonment. Expires: 23
November 2012 Details of arrest: Abducted by the Iranian intelligence
services on 24 November 2001. It is thought that his arrest may be
connected to his position as manager of the Majmue-ye Farrhangi-ye
Honari-ye Tehran, a cultural centre for writers, artists, and intellectuals.
Pourzand is also known for his articles critical of the Islamic regime, and
is said to have worked with Iranian foreign-based media. Details of trial:
On 6 March 2002, the Iranian authorities began closed and unannounced
proceedings against Pourzand. On 13 April 2002 the Tehran General
Court reportedly sentenced him to eleven years’ imprisonment on
charges of “undermining state security through his links with monarchists
and counter-revolutionaries”. It is widely believed that the charges
against him are based on ‘confessions’ which are thought to have been 69

70
exacted under duress. The sentence was reportedly confirmed on 21 May
2002 following an appeal by his court-appointed lawyers. Place of
detention: Evin Prison Health concerns: Pourzand suffers from
diabetes and a heart complaint. Said to have been denied necessary
medical treatment in detention, and reported by his family to be in a
serious condition. In May 2003 he made an application from prison for
medical assistance. On 18 April 2004 he was reportedly admitted to
cardiac care unit of Tehran’s Modares Hospital following a reported heart
attack on 30 March 2004. Reported on 25 April 2004 to have left the
cardiac care unit, but his condition reportedly deteriorated and he was readmitted
to hospital. Said to have undergone surgery on his spine on 23
May 2004. Treatment in prison: In late July 2002 it was reported that
some days earlier Pourzand had appeared on state television and
confessed to espionage and denounced other intellectuals and writers. He
was in apparent distress and there are concerns that he has been placed
under extreme duress. Other information: Siamak Pourzand is the
husband of writer and lawyer Mehrangiz Kar. Adopted by the UN
Working Group on Arbitrary Detention. Honorary Member:
Norwegian, Canadian and American PEN.
Taghi RAHMANI, Hoda SABER and Reza ALIJANI
Profession: Journalist with the banned weekly Omid-é-Zangan, co-editor
of the banned monthly Iran-é-Farda, and editor-in-chief of Iran-é-Farda
respectively. Date of arrest: 14 June 2003. Sentence: Seven, five-and-ahalf
and four years respectively. Expires: 13 June 2010, 13 December
2008, and 13 June 2007 respectively. Details of arrest: Rahmani, Alijani
and Saber were reportedly arrested at their homes in Tehran on 14 June
2003 for meeting secretly with students in support of the anti-government
protests that began on 10 June 2003. The charges against them are thought
to include ‘attempting to overthrow the state” and ‘acting against national
security’. Details of trial: Rahmani, Saber and Alijani were among seven
journalists who were sentenced on 10 May 2003 for their membership of
the National Religious Alliance (Melli Mazhabi),a nationalist Islamic
group that has been banned since March 2001 (see ‘sentenced, free on
bail’ below). They received sentences of eleven, ten and six years’ imprisonment
respectively on charges of “subversive activities against the
state”. All three men remained free on bail pending appeal, but were each
arrested at their homes in Tehran on 14 June 2003 for allegedly meeting
secretly with students in support of the anti-government protests that
began on 10 June 2003. They remained detained, and details of their
detention remained unclear until 1 May 2004, when Reza Alijani learned
that their appeal had been heard in absentia and their sentences confirmed
as seven, five-and-a-half and four years’ imprisonment respectively.
Lawyers for Rahmani, Alijani and Saber have not been allowed access to
their clients’ files. Place of detention: Evin Prison. Treatment in prison:
Held for long periods in solitary confinement and without access to their
families or lawyer. Feared to be at risk of torture. Said to have started a
hunger strike. Previous political imprisonment/problems: Rahmani
previously served 13 years and Alijani 7 years in the 1980’s and 90’s for
opposition activities.
Khalil ROSTAMKHANI
D.o.b.: 1953 Profession: Translator and journalist with the Daily News
and Iran Echo. Date of arrest: 8 May 2000 Sentence: 9 years’ imprisonment,
reduced to eight years on appeal. Expires: 7 May 2008. Details of
arrest: Detained with translator Said Sadr (see below) for his involvement
in an academic and cultural conference held at the Heinrich Böll
Institute in Berlin on 7-9 April entitled “Iran after the elections”, at
which political and social reform in Iran were publicly debated. The
conference was marked by strong protests by Iranian political groups in
exile, and was considered by members of the Iranian judiciary to be
aimed at overthrowing the Islamic regime and therefore to be “harmful to
national security”. Details of trial: Rostamkhani appeared in court on 9
November 2000. He is thought to be charged with being a ‘mohareb’
(‘fighter against god’), having ‘received and distributed leaflets and press
releases from opposition groups based abroad and of having participated
in the organisation of the Berlin conference, which posed a threat to the
country’s security’. He was reportedly released on bail on 15 November
2000. On 13 January 2001 Bench 3 of Tehran’s Revolutionary Court
announced that he had been convicted and sentenced for organising the
Berlin conference. He remained free on bail pending appeal. His appeal
was heard at Branch 31 of the Supreme Court on 27 August 2001, and his
conviction was upheld though his sentence was reduced by one year. He
was immediately taken into custody. He is said to be seeking a re-trial.
Place of detention: Bandar Abbas prison, southern Iran. Other information:
Has a wife (since deceased) and child in Germany. Previous
political imprisonment/problems: Previously arrested in June 1990 for
his membership of the Organisation for Communist Unity, and sentenced
to three years’ imprisonment. Released in May 1992 under amnesty.
Honorary member of: PEN America and Canada.
Said SADR
Profession: Translator and editor Date of arrest: 8 May 2000 Sentence:
10 years in prison. Expires: 7 May 2010. Details of arrest: Detained
with Khalil Rostamkhani (see above) for his involvement in academic
and cultural conference held at the Heinrich Böll Institute in Berlin on 7-
9 April entitled “Iran after the elections”, at which political and social
reform in Iran were publicly debated. The conference was marked by
strong protests by Iranian political groups in exile, and was considered
by members of the Iranian judiciary to be aimed at overthrowing the
Islamic regime and therefore to be “harmful to national security”. Details
of trial: Sentenced in November 2000 for having participated in the
organisation of the Berlin conference, which allegedly ‘posed a threat to
the country’s security’. Place of detention: Birjand Professional
details: Has served as editor and translator on a number of publications
since 1979.
*Mohsen SAZGARA
Profession: Leading reformist journalist. Editor of the now-suspended
dailies Jameh, Neshat and Tous, and founder of the website
www.alliran.net. Date of arrest: 15 June 2003 Sentence: One years’
imprisonment Details of arrest: Arrested on 15 June 2003 and charged
with “undermining national security”, “insulting the Guide of the Islamic
Revoltion” and “propaganda against the regime”. Held until 6 October
2003 when he was released on bail. Sazegara is currently abroad
receiving medical treatment, but was tried in absentia and learned on 8
March 2004 that he had been convicted and sentenced.
Nasser ZARAFSHAN
D.o.b: 1946. Profession: Author, translator and barrister. Date of arrest:
7 August 2002. Sentence: Five years’ imprisonment (2 years’ for
disseminating state secrets, 3 years’ for the possession of firearms) and
seventy lashes for the possession of alcohol. Expires: 6 August 2007
Details of trial: The Judicial Organisation of Armed Forces (JOAF)
brought the original complaint against Zarafshan and arrested him in
October 2000. He was released after a month pending trial. In February

2002 he was tried behind closed doors by a military court, and was
sentenced on 19 March 2002. The presiding judge was also a prosecutor
with the JOAF. Zarafshan has repeatedly denied the charges against him,
asserting that he was simply carrying out his duties as an attorney, and
alleging that the weapons and alcohol were planted in his office, which
was reportedly searched while he was in detention. On 6 April 2002 he
reportedly told the Iranian Students News Agency that he would appeal
against the sentence and demand a retrial, adding that ‘the Armed
Forces’ Judicial Department does not have the competence to investigate
charges against civilians.’ However, his sentence was upheld by an
appeals court on 16 July 2002. Zarafshan has reportedly appealed to the
Supreme Court and is currently awaiting a decision. He is said to be
undergoing medical examinations to ascertain whether he is healthy
enough to face the flogging sentence. Place of detention: Evin Prison,
Tehran. Treatment in prison: Zarafshan is reported to be in ‘quite satisfactory’
health. Professional details: A distinguished member of the
Iranian Writers’ Association (Kanoon), the Committee on Serial Killings
in Iran and the Iranian Bar Association, Nasser Zarafshan is the legal
representative of two of the families of Iranian writers assassinated in
November 1998 in what came to be known in Iran as the ‘serial murders’
case. The action against Zarafshan is thought to be both in retribution for
his criticism of the official investigation carried out into the murders, and
also as a means of silencing others who seek the truth behind the killings.
On 29 January 2003 the Iranian Supreme Court commuted the death
sentences of at least two former secret agents found guilty of the
murders. Other: Recipient of American PEN’s 2004 Barbara Goldsmith
Freedom to Write Award. Honorary member: Norwegian PEN Centre,
Canadian PEN, English PEN, Swedish PEN.
Sentenced, free on bail pending appeal
Morteza KHAZEMIAN, Saide MADANI, Ezzatollah SAHABI and
Ali-Reza REDJAï
Profession: Journalist with the now-banned daily Fath, journalist with
Iran-é-Farda, managing editor of the journal Iran-e Farda, and journalist
with Asr-é-Azadegan respectively. Sentence: 10, 10, 4 and 4 years’
imprisonment respectively. Details of arrest: Ezzatollah Sahabi, who is
reportedly the son of one of the founders of the National Religious
Alliance, was first detained on 26 June 2000 for his participation in the
Berlin conference. He was released on bail on 21 August 2000, but rearrested
on 17 December 2000 on new charges. He remained detained
until 2 March 2002, when he was freed on bail. Madani, Khazemian, and
Redjaï were reportedly among a number of people arrested on 11 March
2001 when security agents raided a gathering at the home of journalist
Mohammad Bastehnaghar (see below). The gathering constituted 20-30
supporters of the ‘Iran Freedom Movement’ (‘Nehzat-e Azadi-ye Iran’)
and Milli Mazhabi (National Religious Alliance), a broad and informal
group of individuals advocating reform in Iran (see Rahmani, Alijani and
Saber in ‘main cases’ above). According to the head of Tehran’s
Revolutionary Court, the group were “conspiring to overthrow the
Islamic government”. They spent periods of varying length in detention
before being released on bail pending trial. Details of trial: The journalists
were handed down sentences ranging from four to thirteen years by
the Tehran Revolutionary Court on 10 May 2003 after a closed trial.
They are all believed to be among fifteen members of the National
Religious Alliance (Melli Mazhabi), a nationalist Islamic group that has
been banned since March 2001, whose trial began in camera on 8
January 2002 on charges of “subversive activities against the state” and
“blasphemy”. Honorary member of English and American PEN.
Malihe MAGHEZEI (f): Translator and writer. Reportedly sentenced to
18 months’ imprisonment in October 2003 for translating a book by
prominent Moroccan feminist writer Fatima Mernissi, The Veil and the
Male Elite, into Farsi. The book was first published in Tehran in
December 2001 with authorisation from the Ministry of Guidance and
Culture and was reprinted after three months. However, after the second
edition, and whilst Maghezei was out of the country, it was banned.
Maghezei, who returned to Iran from the U.S. in July 2002, was charged
in April 2003 with insulting Islam. The book’s publisher and the Ministry
of Guidance official each received one year’s imprisonment for
publishing and authorising the book. The book has reportedly been translated
into eleven languages, and is said to argue that Islam sought to
uplift women’s status but accuses a male elite of introducing inequality.
Maghezei remains free pending appeal.
Narges MOHAMMADI (f):
Profession: Prominent female journalist working for Peyam Ajar.
Sentence: One year in Prison Details of trial: Sentenced to one year in
prison on 9 March 2003 for granting interviews to media outlets during
the imprisonment of her husband, journalist Taghi Rahmani.
Mohammadi reportedly remains free on bail pending appeal but is
allegedly the subject of new court proceedings including ‘propaganda
against the regime’ and ‘insult to the authorities.’
Sentenced, suspended
Emadeddin BAQI: Journalist with the now suspended daily Fath.
Charged in connection with a series of articles published in the reformist
press and his book The Tragedy of Democracy in Iran implicating Iranian
officials in the murders in recent years of a number of intellectuals and
dissidents. He was tried on 9 November 2003 and on 4 December 2003 it
was announced that he had been sentenced to one year in jail, suspended
for five years. Details of the charges are not known. On 3 March 2004 he
was summoned before the Tehran Revolutionary Tribunal’s Third
Division for an article critical of the February 2004 Parliamentary elections.
Previous political imprisonment/problems: Previously arrested
on 29 May 2000 and sentenced to five-and-a-half years in prison,
commuted to three years on appeal, on a number of charges stemming
from his critical writings, including articles that “questioned the validity
of ...Islamic law”, “threatening national security”, and “spreading unsubstantiated
news stories”. Baqi was released on 6 February 2003 on
completion of his sentence but since his release has been subject to
repeated harassment and interrogation.
Fariba DAVOUDI (f): Journalist for the reformist press. Reportedly
handed down a three-year suspended jail sentence on 28 September 2003
by the Tehran Revolutionary Court for “anti-government propaganda”
and “harming state security” in articles she had written. She was also
accused of signing a petition to release prisoners.
Free on bail pending trial
Alireza ESHRAGHI
Profession: Journalist for the newspaper Hayat-e-No. Date of arrest: 12
January 2003. Details of arrest: On 8 January 2003 Hayat-e-No
published a reprint of a 1937 US newspaper cartoon depicting the influence
that then-President Roosevelt had on the American Supreme Court,
represented by a bearded, black-robed old man resembling the founder of
the Islamic regime, the late Ayatollah Ruhollah Khomeini. It was printed
alongside an article discussing ‘social collapse’ in Iran. The cartoon was
deemed insulting to the memory of the Ayatollah and caused the 71

72
Religious Court to order the newspaper’s closure on 11 January. Editor
Hedi Khameni apologised for the ‘misunderstanding’ and proceeded to
accuse Eshraghi and a colleague, Rahman Ahmadi, of being responsible
for printing the cartoon. The two journalists were subsequently arrested.
Eshraghi was released on US$27,000 bail on 9 March 2003. WiPC
seeking an update.
Investigation
Alireza AHMADI: Correspondent for the daily Asia. Reportedly
arrested on 29 July 2003. Held incommunicado without access to his
family, and his lawyer has only been allowed to visit him once. Said to
suffer from a heart condition, and neurological and psychological problems.
There are serious concerns about his health. Still reportedly
detained as of 30 June 2004.
Rahman AHMADI: Journalist for the newspaper Hayat-e-No. Arrested
with Alireza Eshraghi (see ‘free on bail pending trial’ above) on 12
January 2003. On 8 January 2003 Hayat-e-No published a reprint of a
1937 US newspaper cartoon depicting the influence that then-President
Roosevelt had on the American Supreme Court, represented by a
bearded, black-robed old man resembling the founder of the Islamic
regime, the late Ayatollah Ruhollah Khomeini. It was printed alongside
an article discussing ‘social collapse’ in Iran. The cartoon was deemed
insulting to the memory of the Ayatollah and caused the Religious Court
to order the newspaper’s closure on 11 January. Editor Hedi Khameni
apologised for the ‘misunderstanding’ and proceeded to accuse Ahmadi
and Eshraghi of being responsible for printing the cartoon. The two journalists
were subsequently arrested. Eshraghi was released on bail on 9
March 2003, but there has been no news of Ahmadi since his arrest.
WiPC seeking further details.
Iraj JAMSHIDI: Editor-in-chief of the economic daily Asia. Arrested
on 6 July 2003. It was originally reported that he had been charged with
“propaganda against the regime” for publishing a picture of Maryam
Rajavi, leader of the opposition People’s Mujahideen, on 5 July 2003.
However it is now unclear whether he is facing charges in connection
with journalism or personal and financial issues. Jamshidi has reportedly
been summoned for interrogation several times in recent years and was
on a blacklist of journalists subject to surveillance. Trial reportedly
opened at the Tehran Revolutionary Tribunal’s 26th Division on 24
February 2004 and is ongoing as of 30 June 2004. Held in Evin prison.
*Abbas KAKAVAND: Freelance journalist, formerly with the conservative
daily Ressalat. Reportedly detained on 7 June 2004 on charges of
“disseminating false news” for a series of articles alleging official
corruption published since February 2004 on the website
www.gooya.com and in several reformist dailies. Still detained as of 30
June 2004.
Tuka MALEKI (f), Banafsheh SAMGIS (f), Jaafar HOMAI: Writer,
book critic and publisher respectively. Reportedly received prison terms
(length not known) in August 2003 for their involvement in the publication
of two books, The History of Women’s Music in Iran from Antiquity
to Present and Men in Armor, Women in Veil (see Maliheh Maghazei
above). Both books had received official authorisation to publish from
the Ministry of Islamic Guidance. Thought to remain free on bail
pending appeal. WiPC seeking further details.
Hossein QAZIAN
Profession: Journalist, doctor of sociology and researcher at the
Ayandeh Research Institute. Date of arrest: 4 November 2002.
Sentence: Four years and six months in jail. Details of arrest:
Reportedly arrested with Abbas Abdi (see ‘main case’ above), details of
charges against him not known. There was no publicity about his arrest
until October 2003. WiPC seeking further details. Place of detention:
Evin Prison.
Ali SULEYMANI: Journalist with Shamsi-Tabriz. Arrested immediately
after visiting Baku, Azerbaijan in November 2002. His writings and
some belongings were confiscated. He was detained for 28 days and was
reported to have been tortured. He was released on bail, and appeared
before the Ardabil Revolutionary Court on 8 January 2003. His trial
continued on 21 January 2003 and was then postponed until 28 January
2003. It is thought to be likely that he will be imprisoned for an extended
period. WiPC seeking an update.
Brief detention
*Payam FAZLINEJAD: Journalist and editor of the weekly Cinema.
Reportedly abducted by security forces on or around 1 March 2004 and
released after three days.
*Mohsen HAKIMI: Member of the Iranian Writer’s Association.
Reportedly among several people arrested on 2 May 2004 for their
participation in a peaceful Labour Day march in the city of Saqez. Most
were later released, but Hakimi remained detained until 12 May when he
was freed on bail.
*Mostafa SABTI: Editor of the weekly Gorgan é Emrouz. Imprisoned on
19 March 2004 after being sentenced on 1 September 2003 to three
months in prison and an additional four-month suspended sentence on
defamation charges for publishing an open letter from residents of a
Gorgan neighbourhood protesting a local park’s takeover by the local
authorities. Presumed freed on expiry of sentence.
*Massiolah SOLTANI and Massud ALMASSI: Journalists with the
weekly Sedai e Zanjan. Reportedly arrested on 13 and 15 May 2004
respectively and charged with “disseminating false news” and
“disturbing public opinion and public order” for an article published in
their newspaper about the alleged rape of a four-year-old girl. Released
on bail on 19 May 2004.
Released
Sina MOTABELLI: Editor of the news website www.rooznegar.com
and formerly a staff member of the banned reformist daily Hayat-é-No.
Arrested on 20 April 2003 after responding to a 19 April summons from
Adareh Amaken (the section of the Tehran police that usually deals with
‘moral crimes’). The website had defended one of the newspaper’s journalists,
Alireza Eshraghi, who was arrested on 11 January 2003. Now
free, date of release not known.
Case closed
Mohammad BASTEHNEGAR: Journalist with the banned daily Asr-é-
Azadegan. Arrested on 11 March 2001. Trial began in camera on 8
January 2002 on charges of “subversive activities against the state” and
“blasphemy”. The trial is thought to have concluded on 10 May 2003.
Case closed for lack of further information.
Amir EZATI: Journalist for Mahnameh Film. Arrested on 28 February
2003. Held at an unknown location, including a period of solitary
confinement, until his reported release on bail on 30 June 2003. Ezati is
believed to be accused of translating and distributing Salman Rushdie’s
book The Satanic Verses, although exact details of the charges against
him are not known. Case closed for lack of further information.
Reza RAïS-TOUSSI: Journalist with the banned daily Fath.Reportedly
arrested on 11 March 2001. Raïs-Toussi is among fifteen members of the

National Religious Alliance whose trial reportedly began in camera on 8
January 2002 on charges of “subversive activities against the state” and
“blasphemy”, both of which carry the death penalty. He was released on
bail pending trial on 13 March 2002. The trial is thought to have
concluded on 10 May 2003. Case closed for lack of further information.
Siamak TAHERI: Writer of children’s books and translator. Arrested by
Security Forces on 12 January 2003 and held incommunicado at an
unknown location. Case closed for lack of further information.
Behad ZARINPOUR: Assistant editor-in-chief of Asia. Reportedly
arrested on 7 September 2003 after a search of his home. Case closed for
lack of further information.
IRAQ
Killed
*Sahar Saad Eddin NUAMI: Editor-in-chief of the Kirkuk weeklies Al-
Mizan, Al-Khaima and Al-Hayat al-Gadida. Reportedly killed on 3 June
2004 when unknown assailants threw a grenade at his car. Nuami was
said to have close ties with a moderate pan-Arab political group. Several
prominent figures have reportedly been recently murdered as a result of
ethnic conflict in the city.
Death threats
*Yanar MOHAMMED (f): Publisher of Al Nisa magazine and editor of
the www.equalityiniraq.com website. Head of the Organisation of
Women’s Freedom in Iraq. Reportedly received death threats in February
2004 from the group Jaysh Al-Sahaba (Army of Sahaba), who are
believed to have links to Al-Qaeda. The threats are believed to be
connected to her work campaigning for women’s rights.
Attacked
*Ismail ZAIR: Editor-in-chief of the independent daily Al-Sabah al-
Jadid and former editor of Al-Sabah. Reportedly targeted in an attempted
kidnapping on 29 May 2004 when a police vehicle and three unmarked
cars arrived at Zair’s home claiming to have a summons for him. Zair
managed to escape, but his driver and bodyguard were abducted and
killed. Zair believes the assailants could be supporters of Saddam
Hussein’s regime. Zair reportedly left Al-Sabah in protest over American
interference in its editorial line and set up Al-Sabah al-Jadid on 3 May
2004.
Brief detention
*John BURNS: Correspondent for The New York Times. Reportedly
detained on 6 April 2004 in Kufa, south of Baghdad, by forces loyal to
the radical Shiite cleric Moqtada al-Sadr for being a suspected intelligence
agent for the US, Spain or Israel. Released after eight hours.
ISRAEL
Brief detention
*Peter Hounam: British journalist now working for the British
Broadcasting Corporation (BBC). Reportedly arrested on 27 May 2004
for his close association with Mordechai Vanunu. Hounam published an
interview with Vanunu in the Sunday Times in 1986 which revealed
details of Israel’s secret nuclear weapons programme. Vanunu was subsequently
arrested and sentenced to eighteen years in prison. He was
released in April 2004. Hounam was freed on 2 June 2004.
JORDAN
Brief detention
*Fahd AL-RIMAWI: Editor of the weekly Al Majd. Arrested on 9 May
2004 on his return to Jordan from the US and charged with “harming
relations with a brotherly Arab country” in an editorial about Saudi
Arabia published on 3 May 2004. The article, ‘Cowardice is guideline for
policies’, reportedly accused the Saudi authorities of being “lackeys” of
the United States. Al-Rimawi was remanded into custody at Al-Jweida
prison for two weeks.
Case closed
Musa HAWAMDEH: Palestinian poet and journalist. Reportedly
sentenced to three months in jail in Amman on 9 May 2003 for an
allegedly blasphemous poem using the Qur’anic story of the prophet
Joseph published in his 1999 collection Shajari ‘Ala (My Trees are
Higher). Hawamdeh remained free pending appeal, case closed for lack
of further information.
KUWAIT
Main case
Fawwaz Muhammad AL-AWADHI Bessissu
D.o.b.: c.1960. Profession: Editor. Date of Arrest: February 1991
Sentence: Life imprisonment. Details of Trial: One of twenty-four
people to be tried for allegedly working for al-Nida newspaper, an Iraqi
government publication, during the 1990/1991 occupation of Kuwait.
Tried under martial law and not allowed a government-appointed defence
lawyer until the trial was under way. There was concern, however, that
those tried may have confessed under torture and that they may have
been forced to co-operate with the Iraqi forces. The investigation and
trial were also said to be unfair due to other reasons, including the fact
that the trial took place in only a day, 2 June 1991, and that evidence was
based only on hearsay or secret sources and ‘confessions’ allegedly
obtained under torture. Given death sentence on 15 June 1991,
commuted to life imprisonment on 25 June 1991 following international
protests and after martial law was dropped. Professional Details:
Reportedly one of the editors of al-Nida and formerly language editor of
al-Qabas. Previous Political Imprisonment/Problems: Claims he was
imprisoned by Iraq occupiers for a week for publishing an article translated
from Time magazine about how young Kuwaiti men were preparing
to resist the Iraqis and reconstruct Kuwait after the war. Other Details:
Palestinian. He was reportedly theoretically released in March 2002 and
is now awaiting deportation; his family members living abroad are
believed to be trying to find him another country of domicile, and he is
expected to remain detained until a suitable third country can be found to
accept him.
Main case/in hiding
*Yasser AL-HABIB
Profession: Writer, journalist and researcher. Has worked for several
Arabic-language newspapers including the monthly al-Menbar (The
Pulpit). Date of arrest: 30 November 2003 Sentence: 10 years imprisonment.
Expires: 1 March 2013 Details of arrest: Yasser al-Habib was
abducted on a Kuwait City street on the afternoon of 30 November 2003
by unknown individuals and taken away in an unmarked vehicle. His
family was not informed that he had been detained by security forces 73

74
until the following day. Al-Habib was arrested in connection with an
audiocassette recording of a lecture he gave to an audience of 10-20
people in a closed environment on Islamic historical issues. His research
is believed to have relied heavily on Wahhabi references and texts, and is
said to have angered hard-line Wahhabi groups who have used their influence
within the establishment to bring about the maximum punishment
against al-Habib. Details of trial: He was sentenced to one years’ imprisonment
on 20 January 2004 for defaming the companions of the prophet
Muhammad in a lecture, but then released on 25 February 2004 as part of
a prisoner amnesty to mark Kuwaiti National Day. According to PEN’s
information the Wahhabi lobby within the National Assembly pressurised
the Minister of Justice to order al-Habib’s re-arrest, and on 9
March 2004 new charges were brought against him under the National
Security Law. He was reportedly sentenced in absentia to ten years in
prison on 5 May 2004 for attempting to overthrow the regime. Yasser al-
Habib has gone into hiding. On 4 June 2004 a group of some twenty
armed security guards reportedly raided al-Habib’s family home in
search of him and assaulted his father.
Case closed
Muhammad al-Jasem: Editor-in-chief of the daily Al-Watan. Arrested
on 8 June 2003 after the Council of Ministers filed a legal suit against
him for allegedly “objecting to the rights and powers of the Emir
publicly”. The charges stem from a speech al-Jasem made on 7 June
2003 at a campaign gathering for a parliamentary candidate in the run-up
to the forthcoming legislative elections in Kuwait. In the speech Al-
Jasem reportedly criticised the electoral process in Kuwait. He was
released on bail the same day. Case closed for lack of further information.
LEBANON
Case closed
Akl AWIT: Journalist and poet. Facing a judicial investigation following
the publication of an article on 11 March 2003 in the liberal daily An-
Nahar calling on God to ‘no longer remain with his arms crossed and
rein in the United States’ in order to prevent an attack on Iraq. Case
closed for lack of further information.
PALESTINE
Killed -investigation
*Khalil AL-ZEBIN: Publisher of the An-Nashra magazine and key
media advisor to Yasser Arafat, the president of the Palestinian National
Authority. Assassinated by a group of armed men in Gaza on 2 March
2004. No-one has claimed responsibility for the killing.
SAUDI ARABIA
Main case
*Ali AL-DOMAINI
Profession: Leading poet and writer. Date of arrest: 15 March 2004
Details of arrest: Among thirteen leading Saudi intellectuals to have
been detained since 15 March 2004 for criticising the National
Commission on Human Rights (NCHR) and for planning to set up their
own human rights organisation. The NCHR is the kingdom’s first human
rights watchdog, and was approved in early March 2004 by the Saudi
government as part of limited steps towards political reform. However,
many liberal and opposition figures want to see speedier and more radical
change than is being offered by the government. A Ministry of Interior
official reportedly announced that the detainees were suspected of
issuing “statements which do not serve the unity of the country and the
cohesion of society…based on Islamic religion”, although no formal
charges are believed to have yet been brought. Several of the detainees
have reportedly since been released, but Ali Al-Domaini is thought to be
among those who remain detained for refusing to sign a document
renouncing their political activism. Al-Domaini is a well-known writer,
and his publications include three collections of poetry and one novel in
Arabic. He is a diabetic, and is thought to be held in solitary confinement.
He has reportedly been granted fortnightly visits from his wife, who says
that he is well and in good health. Still detained without trial as of 30
June 2004.
*Dr. Matrook AL-FALEH
Profession: Academic, writer, and well-known activist. Date of arrest:
Mid-March 2004. Details of arrest: Among thirteen leading Saudi intellectuals
to have been detained since 15 March 2004 for criticising the
National Commission on Human Rights (NCHR) and for planning to set
up their own human rights organisation (see Ali Al-Domaini above).
Most of the detainees have reportedly since been released, but Dr. Al-
Faleh is believed to be among those who remain detained for refusing to
sign a document renouncing their political activism. Professional
Details: Former political science teacher at King Saud University,
Riyadh. Has published several academic books. Previous political
imprisonment/problems: Reportedly banned from teaching in January
2003 because of an article he published in the London-based Arabiclanguage
newspaper Al-Qudis which reportedly discussed the September
11th attacks and their impact on Saudi Arabia.
Brief detention
*Faris Hizam AL-HARBI: Journalist, formerly with the dailies Al-Sharq
Al-Awsat and Al-Watan. Reportedly arrested by security forces from his
home in Al-Khober city, Eastern Province, on 21 April 2004. Released in
early May 2004. On 9 March 2004, the Saudi Ministry of Information
executed an order issued on 8 March by Crown Prince Abdallah permanently
banning Al-Harbi from working as a journalist. Prior to the
banning order issued against him, Faris Hizam Al-Harbi, aged 27, had
contributed to the London-based Saudi daily Al-Sharq Al-Awsat since
May 2003, and was reportedly known for his reporting on terrorism
following the bomb attacks in the capital, Riyadh. Al-Harabi was previously
detained on 7 April 2002 and held for three weeks in solitary
confinement on charges of stealing official documents following a report
in Al-Watan alleging that the kingdom was considering stopping its
financial support for the Arab League. During his time at Al-Watan, Al-
Harabi was reportedly known for his reporting on official corruption.
*Mohammed Said TAYIB: Publisher. Among thirteen leading Saudi
intellectuals to be detained on around 15 March 2004 for criticising the
National Commission on Human Rights (NCHR) and for planning to set
up their own human rights organisation (see Ali Al-Domaini, ‘Main
Case’ above). Reportedly released in mid-April 2004.
Banned
*Wajeha AL-HUWAIDER (f): Correspondent for the Arabic-language
daily Al-Watan and the English-language daily Arab News. Reportedly
banned from publishing in late August 2003 following a critical column
published in May 2003. Unconfirmed reports suggest that over 100

eformist journalists, writers and intellectuals have been banned or
censored under government pressure since 2002.
Harassed
*Thuria ALSHREE (f): Journalist for the Saudi online publication
Asharq Alawsat (www.asharqalawsat.com). Reportedly subject to
government harassment in March 2004 for her writings.
SYRIA
Main case
Nu’man ‘Ali ‘ABDU
Profession: Journalist for Lebanese monthly Al-Tarik. Date of arrest:
1992 Sentence: 15 years Expires: 2007 Details of trial: Apparently
sentenced in 1993 to fifteen years’ imprisonment for his membership of
the Party for Communist Action. Place of detention: Reportedly transferred
from Seydnaya prison to a detention centre in Damascus on 16
November 2000. Health concerns: He is said to suffer from a chronic
open leg wound, according to reports from former prisoners.
*Aref DALILA
D.o.b.: 1943. Profession: Professor and Dean of the Faculty of
Economics at Damascus University, also wrote for the banned weekly
Al-Doumari. Has written many books on economics, politics and social
history. Date of arrest: 9 September 2001 Sentence: Ten years hard
labour. Expires: 8 September 2011 Details of arrest: Reportedly
arrested on 9 September 2001 for a lecture in which he called for democracy
and transparency, and alleged official corruption. Arrested with nine
other members of the Civil Society Movement. Details of trial:
Sentenced in early 2002 to 10 years in prison with hard labour. WiPC
seeking further details of charges against him. Treatment in prison:
Said to be held in solitary confinement and denied medical treatment.
Health concerns: Said to be seriously ill with heart problems.
*Abdul Aziz AL-KHAYER
D.o.b.: 1951 Profession: Medical doctor and dissident writer. Date of
arrest: 1 February 1992 Sentence: 22 years’ imprisonment. Expires: 31
January 2014 Details of arrest: Arrested in Damascus for his membership
of the Hizb al-‘Amal al-Shuyu’I (Party for Communist Action),
which is not known to have used or advocated violence. Details of trial:
Convicted in August 1995 by the Syrian State Security Court (SSSC).
Four others tried at the same time as Al-Khayer, including poet and
former PEN main case Faraj Baraykdar with whom he shared a prison
cell, were released in December 2001 under a presidential amnesty. It is
not known why Al-Khayer was not included in the amnesty. He was not
taken up by International PEN until now as he was not known to be a
writer. His writings reportedly include many political essays, including
‘Nuptials of Dictatorship’, and a publication called The Black Book
which reportedly alleged corruption in Assad’s regime. Place of detention:
Sednaya prison, Damascus. Treatment in prison: Reported to be
allowed greater freedom within the prison in recent years and to be able
to provide medical care to a great number of prisoners. Said to have been
denied family visits for over a year.
‘Abdel Rahman al-SHAGOURI
D.o.b.: 1972 Profession: Internet activist. Date of arrest: 23 February
2003 Sentence: Three years’ imprisonment, reduced to two-and-a-half
years. Expires: 22 August 2005 Details of arrest: Reportedly arrested at
a checkpoint near Damascus for sending an email newsletter from the
banned website www.thisissyria.net (Levant News), which posts political
news, including reports about Syrian political prisoners. The authorities
reportedly consider material on the site to be “detrimental to the reputation
and security of the nation” and “full of ideas and views opposed to
the system of government in Syria”. Details of trial: Sentenced to three
years’ imprisonment for “disseminating false information” by the
Supreme State Security Court, a military court with no recourse for
appeal, on 20 June 2004. The sentence was reportedly immediately
reduced to two-and-half-years. Place of detention: Saidnaya prison,
near Damascus. Treatment in prison: Held incommunicado in solitary
confinement since his arrrest. Other information: He is married with
two children. This is the first known jailing of an internet dissident in
Syria.
Death threats
*Younes KHALAF: Journalist with the government daily Al-Thawra
(Revolution). Reportedly received telephone death threats and was
dismissed from his post following an article he wrote implicating the
head of the Al-Hassaka province’s water company in the pollution of
drinking water in the region.
Investigation
*Habib ‘ISSA: Lawyer, journalist and writer. Reportedly arrested in
September 2001 and sentenced by the State Security Court to five years’
imprisonment for his activities with the Civil Society Movement (see
Aref Dalila above). WiPC seeking further details.
*Aktham NU’AYSA: Lawyer and human rights defender. Head of the
Committee for the Defence of Democratic Liberties and Human Rights
(CDDLHR). Reportedly arrested on 13 April 2004 and believed to be
facing charges of “carrying out activities contrary to the socialist system
of the state” and “opposing the objectives of the revolution”, which carry
a maximum penalty of 15 years’ imprisonment. The charges against him
are thought to relate to his work with the CDDLHR, including an annual
report on human rights violations in Syria published shortly before his
arrest. Nu’Aysa is said to be in very poor health, suffering from kidney
disease and a heart complaint. He is said to have suffered a minor stroke
following his arrest, and to have been taken to Tishrin Hospital. Now
believed to be held in solitary confinement in Sednaya Prison. Reported
to have started a hunger stike in June 2004.
*Muhannad QUTAYSH, Haytham QUTAYSH and Yahia al-AWS:
Internet activists. Reportedly arrested around January 2003 for sending
articles to an electronic newspaper in the United Arab Emirates. Said to
be charged with “receiving secret information on behalf of a foreign state
which threatens the security of Syria” and “publishing false news outside
of Syria”. Haytham and Muhannad Qutaysh are both reportedly charged
with “encouraging the transfer of secret information” and Haytham
Qutaysh is additionally charged with “writing which threatens the security
of Syria and her relations with foreign states”. They had reportedly
been writing articles under pseudonyms about government corruption,
politics, economics and human rights issues in Syria. Held in Sednaya
prison without trial as of 30 June 2004.
Brief detention
*Mohammed GHANEM: D.o.b.: 1955. Writer and journalist. Reportedly
arrested by the Syrian military intelligence on 22 March 2004 in Ar-
Raqah as he returned home from the school where he works as a teacher.
His detention is believed to have been connected with the publication of 75

an article ‘They are murdering the Kurds’, in which Ghanem condemned
the recent violent clashes between Kurds, Arab tribes and security forces
in the Qamichli region, north-east Syria. The authorities reportedly saw
his article as inciting ‘disunity’. Mohammed Ghanem has published two
novels, The Death of Silence and al-Amili, and is a regular contributer to
several Arabic newspapers, in particular Al-Khaleej and Al-Bayane. He is
described as an “independent opposition figure”, and has been actively
involved in campaigning for the rights of Kurds and Iraqis living in Syria.
Released on 4 April 2004.
under surveillance because he belongs to the al-Zaidi tribe, which
recently entered into a dispute with the government, prompting a wave of
arrests of tribal members since the beginning of August 2003. Case
closed, presumed freed.
Released
Marwan OSMAN (‘UTHMAN): Kurdish writer and poet, leading
member of the Syrian Kurdish Democratic Unity Party (SKDUP).
Arrested on 15 December 2002 for his participation in a peaceful demonstration
held by the Syrian Kurdish Democratic Unity Party on 10
December 2002 demanding greater protection for the rights of Kurds
living in Syria. Charged on 15 January 2003 with ‘inciting religious and
ethnic discord.’ Acquitted by the Supreme State Security Court on 22
February 2004.
76
Case closed
Nizar NAYYUF: Writer, sociologist and human rights activist. Charged
in absentia on 3 September 2001 with “trying to change the constitution
by illegal means and issuing false reports from a foreign country”. The
charges are believed to relate to critical statements made by Nayyuf
whilst in France, where he is currently receiving medical treatment. In
April 2004 Nayuff was granted political asylum by the French authorities,
case closed, no longer under threat.
YEMEN
Death threats
*Sadeq NASHER: Managing editor of the United Arab Emirates-based
daily Al-Khaleej. Reportedly threatened by unidentified gunmen on 19
February 2004 who raided his home and threatened him and his family.
The threat is believed to be linked to his investigation into the murder of a
leading Yemeni politician during a political rally in Sanaa in December
2002.
Under banning order/facing charges
*Saeed THABET: Correspondent for Kuds Press. Reportedly arrested on
5 March 2004 and charged with “spreading false news damaging to
public interest and security” for publishing a news report about an
alleged assassination attempt against President Saleh’s son. Also handed
down a six-month banning order on 13 April 2004. He was freed on bail
on 8 March 2004, and the trial reportedly started on 10 March 2004. The
charge carries a maximum penalty of one years’ imprisonment.
Brief detention
*Najeeb YABLI: Reporter for the daily Al-Ayyam. Reportedly detained
on 24 February 2004 by Aden Security Services in southern Yemen and
questioned about an article allegedly comparing Yemeni and US policies.
Released after 12 hours.
Case closed
Hassan al-Zaidi: Journalist with the independent Yemen Times. Security
forces reportedly surrounded his home in early August 2003, preventing
him from leaving. The security forces claim they have put the journalist

PEN Centres with Writers in
Prison Committees
American, Armenian, Austrian, Bangladesh, Belarus, Belgian Flemish,
Belgian French, Bolivian, Canadian, Catalan, Czech, Danish, English,
Finnish, French, Galician, German, German Writers Abroad, Ghanaian,
Hong Kong, Independent Chinese PEN Centre, Iranian Writers in Exile,
Italian, Japanese, Kenyan, Liechenstein, Lithuanian, Malawian,
Melbourne, Mexico, Nepalese, Netherlands, New Zealand, Nicaragua,
Nigeria, Norwegian, Paraguay, Perth, Polish, Portuguese, Quebecois,
Russian, San Miguel de Allende, Scottish, South African, Suisse
Romande, Swedish, Swiss German, Swiss Italian, Sydney, Turkish,
Ugandan, USA West, US Writers in Exile, Venezuelan, Vietnamese
Writers Abroad
Total: 56
LIST OF MAIN CASES or CASES
ADOPTED BY PEN CENTRES
BY COUNTRY
(Those elected by PEN Centres are indicated in brackets)
Current as of 30 June 2004
1. Hassan Hakimi ...............................................................AUSTRALIA
2. Salah Uddin Shoaib Chaudhury (USA West) ............BANGLADESH
3. Taslima Nasrin..(Canada, USA West, France, Sweden, Swiss
German, Austria, England, America) ........................BANGLADESH
4. Yury Bandazhevsky (Norway, English, Suisse romande)...BELARUS
5. Alvanir Ferreira Avalino.........................................................BRAZIL
6. Chen Yanbin (Finnish and German).........................................CHINA
7. Gao Qinrong (Canada) .............................................................CHINA
8. Guo Qinghai (Canada) .............................................................CHINA
9. He Depu ...................................................................................CHINA
10. Huang Qi ..................................................................................CHINA
11. Jiang Lijun................................................................................CHINA
12. Jiang Weiping(English)............................................................CHINA
13. Jin Haike...................................................................................CHINA
14. Kang Yuchun..(English, German) ............................................CHINA
15. Li Zhi........................................................................................CHINA
16. Liu Jingsheng..(Netherlands, New Zealand, England, Sweden,
Germany, America) ..................................................................CHINA
17. Lu Zengqi.................................................................................CHINA
18. Luo Yongzhong ........................................................................CHINA
19. Ma Yalian .................................................................................CHINA
20. Tao Haidong .............................................................................CHINA
21. Tohti Muzart (England, Perth, Canada, Japan, Leichenstein, Catalan,
America)...................................................................................CHINA
22. Wu Shishen..(Norway, Danish)................................................CHINA
23. Xu Wei......................................................................................CHINA
24. Xu Zerong ................................................................................CHINA
25. Yan Jun.....................................................................................CHINA
26. Yan Qiuyan...............................................................................CHINA
27. Yi Ouyang ................................................................................CHINA
28. Yu Dongyue (Czech, Melbourne, Canada)..............................CHINA
29. Zhang Honghai.........................................................................CHINA
30. Zhao Changqing.......................................................................CHINA
31. Jampel Changchup..(USA West, Canada, Sydney) ........CHINA/Tibet
32. Jampel Chunjor.(Danish, Sydney, Canada).....................CHINA/Tibet
33. Ngawang Gyaltsen..(San Miguel, England, Canada, Sydney)..............
........................................................................................CHINA/Tibet
34. Ngawang Phulchung(America, Austria, England, Canada, Sydney)....
........................................................................................CHINA/Tibet
35. Geshe Sonam Phuntsog ..................................................CHINA/Tibet
36. Jesús Alvarez Castillo................................................................CUBA
37. Pedro Argüelles Morán..............................................................CUBA
38. Victor Rolando Arroyo Carmona(Finland)................................CUBA
39. Mijaíl Bárzaga Lugo (Netherlands) ...........................................CUBA
40. Carlos Brizuela Year..................................................................CUBA
41. Oscar Espinoza Chepe ...............................................................CUBA
42. Adolofo Fernández Saínz (English)...........................................CUBA
43. Miguel Galván Gutiérrez (Sydney)............................................CUBA
44. Julio César Gálvez Rodríguez....................................................CUBA
45. Edel José García ........................................................................CUBA
46. José Luis García Paneque ..........................................................CUBA
47. Ricardo Severino González Alfonso (Finnish) ..........................CUBA
48. Léster Luis González Pentón .....................................................CUBA
49. Alejandro González Raga ..........................................................CUBA
50. Iván Hernández Carrillo ............................................................CUBA
51. Normando Hernández González................................................CUBA
52. Juan Carlos Herrera Acosta .......................................................CUBA
53. José Ubaldo Izquierdo ...............................................................CUBA
54. José Miguel Martínez Hernández ..............................................CUBA
55. Héctor Maseda Gutiérrez...........................................................CUBA
56. Mario Enrique Mayo Hernández ...............................................CUBA
57. Juan Roberto de Miranda Hernández.........................................CUBA
58. Jorge Olivera Castillo ................................................................CUBA
59. Pablo Pcheco Ávila....................................................................CUBA
60. Omar Pernet Hernández.............................................................CUBA
61. Fabio Prieto Llorente (England) ................................................CUBA
62. Alfredo Pulido López ................................................................CUBA
63. José Gabriel Ramón Castillo......................................................CUBA
64. Blás Giraldo Reyes Rodríguez (Sydney) ...................................CUBA
65. Raúl Rivero Castañeda (Finland, Canada, American English, USA
PEN West)..................................................................................CUBA
66. Omar Rodruez Saludes (Finland) ..............................................CUBA
67. Marta Beatriz Roque Cabello (Finland, Canada,English) .........CUBA
68. Omar Moisés Ruiz Hernández (Sweden)..................................CUBA
69. Miguel Sigler Amalla ................................................................CUBA
70. Léster Téllez Castro...................................................................CUBA
71. Nicaise Kibel-Bel-Oka .................................................................DRC
72. Roger Salomon Lulemba Kiabululu .............................................DRC
73. Said Abdelkader (American) ...............................................ERITREA
74. General Ogbe Abraha ..........................................................ERITREA
75. Omer “Abu Aklar” (Ghana) .................................................ERITREA
76. Mahmud AHMED SHERIFFO ...........................................ERITREA
77. Akhader Ahmedin (Ghana)..................................................ERITREA
78. Yusuf Mohamed Ali (American) ........................................ERITREA
79. Emanuel Asrat (American) ..................................................ERITREA 77

78
80. Selayinghes Beyene (American)..........................................ERITREA
81. Astier Fashatsion..................................................................ERITREA
82. Berhane Ghebre Eghzabieher .............................................ERITREA
83. Beraki Ghebre Salassie ........................................................ERITREA
84. Yebio Ghebremehdin (Ghana) ............................................ERITREA
85. Amanuel Ghebremaskel (Ghana).........................................ERITREA
86. Ghebremedhin (Ghana)........................................................ERITREA
87. Temesken Ghebreyesus (American) ....................................ERITREA
88. Mattewos Habteab (American) ............................................ERITREA
89. Daniel Habte (Ghana) ..........................................................ERITREA
90. Muluberhan Habtegebriel (Ghana) ......................................ERITREA
91. Dawit Habtemichael (American) .........................................ERITREA
92. Medhanie Haile (American and Ghanian) ..........................ERITREA
93. Hamid Himid .......................................................................ERITREA
94. Dawit Isaac (American) ......................................................ERITREA
95. Saleh Idris Kekia..................................................................ERITREA
96. Germano Nati.......................................................................ERITREA
97. Meles Nitusese (Ghana).......................................................ERITREA
98. Estifanos Seyoum ................................................................ERITREA
99. Petros Solomon....................................................................ERITREA
100.Haile Woldetesnae ...............................................................ERITREA
101.Fesshaye Yohannes (American)..........................................ERITREA
102.Paolos Zaid (Ghana) ...........................................................ERITREA
103.Tewodros Kassa (English)..................................................ETHIOPIA
104.Kumar Badal .............................................................................INDIA
105.Abbas Abdi.................................................................................IRAN
106.Reza Alijani ................................................................................IRAN
107.Hashem Aghajari (Norway)........................................................IRAN
108.H. H. Y. Eshkavari (Canada, Ghana, Denmark, England, America
Scotland) .....................................................................................IRAN
109.Amir Abbas Fakhravar (English)................................................IRAN
110.Akbar Ganji (Canada, America, England, Liechenstein) .......IRAN
111.Hossrin Ghaziyan .......................................................................IRAN
112.Ensafali Hedayat.........................................................................IRAN
113.Alireza Jabari..............................................................................IRAN
114.Morteza Khazemian (England, America)...................................IRAN
115.Saide Madani (English, America)...............................................IRAN
116.Siamak Pourzand (Canada, America, Norway ...........................IRAN
117.Ali-Reza Redjai (England, America)..........................................IRAN
118.Taghi Ramani..............................................................................IRAN
119.Khalili Rostamkhani (Canada, America)....................................IRAN
120.Hoda Saber .................................................................................IRAN
121.Said Sadr.....................................................................................IRAN
122.Ezatollah Sahabi (English, American)........................................IRAN
123.Mohsen Sazgara..........................................................................IRAN
124.Nasser Zarafshan (Norway, England, Canada, Sweden) ............IRAN
125.Gaston Bony...............................................................IVORY COAST
126.Fawwaz al-Awadhi Bessissu.................................................KUWAIT
127.Irene Fernandez.(Canberra) .............................................MALAYSIA
128.Ahmed Ibrahim Didi (England).......................................MALDIVES
129.Ibrahim Moosa Luthfee (England) ..................................MALDIVES
130.Fathimath Nisreen (England)...........................................MALDIVES
131.Mohamad Zaki (England)................................................MALDIVES
132.Aung Myint (America, Sydney, England, Perth, Canada)....................
.........................................................................................MYANMAR
133.Aung San Suu Kyi ...........................................................MYANMAR
134.Khin Zaw Win..(England) ...............................................MYANMAR
135.Ko Aung Tun (Norway,Canada, Canberra) .....................MYANMAR
136.Kyaw Sein Oo..................................................................MYANMAR
137.U Myo Htun...(Norway, Canada, Canberra)....................MYANMAR
138.U Ohn Kyaing..................................................................MYANMAR
139.U Sein Hla Oo (England,USA West)...............................MYANMAR
140.Win Tin..(Hong Kong (E), New Zealand, Japan) ...........MYANMAR
141.Zaw Thet Htwe ................................................................MYANMAR
142.Juan de Mata JARA Berrospi (PEN USA West) ........................PERU
143.Ali Al-Domaini ........................................................SAUDI ARABIA
144.Matrook Al-Faleh.....................................................SAUDI ARABIA
145.Iñaki Uria (English)...................................................................SPAIN
146.Nu’man ‘Ali Abdu....................................................................SYRIA
147.Abdul Aziz Al-Khayer .............................................................SYRIA
148.Abdel Rahman al-Shagouri ......................................................SYRIA
149.Hakan Albayrak ...................................................................TURKEY
150.Emine Senkiloglu.................................................................TURKEY
151.Leyla Zana (USA West, San Miguel, Belgian Flemish, Scottish,
Writers in Exile, English) .....................................................TURKEY
152.Asiye Güzel Zeybek (Sweden, England, San Miguel, Canada, Ghana,
America, Netherlands, Swiss Romande) ..............................TURKEY
153.Mumia Abu-Jamal (Belgian (Flemish)) .......................................USA
154.Muhammad Bekzhon (England,USA West)................UZBEKISTAN
155.Mamadali Makhmudov (England, PEN USA West, Canada,
America, Netherlands) .................................................UZBEKISTAN
156.Yusif Ruzimaradov (England, USA West, American).UZBEKISTAN
157.Ruslan Sharipov (America, English, USA West, US Writers in Exile)
.....................................................................................UZBEKISTAN
158.Dang Phuc Tue...................................................................VIETNAM
159.Thich Huyen Quang (England, Sydney, France, Denmark VIETNAM
160.Le Chi Quang (Canada, USA West, America)...................VIETNAM
161.Nguyen Dan Que................................................................VIETNAM
162.Nguyen Dinh Huy..(England, Poland, France, Perth, Swiss Romand)
............................................................................................VIETNAM
163.Nguyen Khan Toan ............................................................VIETNAM
164.Nguyen Van Ly...................................................................VIETNAM
165.Nguyen Vu Binh.................................................................VIETNAM
166.Nguyen Xuan Tu (Canada) ................................................VIETNAM
167.Pham Hong Sohn ...............................................................VIETNAM
168.Pham Que Dong .................................................................VIETNAM
169.Pham Van Thuong..............................................................VIETNAM
170.Tran Khue ..........................................................................VIETNAM

Half-year statistics
1 January to 30 June 2004
Killed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Killed: Investigation . . . . . . . . . . . . . . . . . . . . . . . . .8
Disappeared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Disappeared: investigation . . . . . . . . . . . . . . . . . . . .0
Main Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169
Investigation Cases . . . . . . . . . . . . . . . . . . . . . . . . .71
Judicial Concern . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Sentence/Facing trial but not detained . . . . . . . .173
Non custodial sentences . . . . . . . . . . . . . . . . . . . . .40
Death threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Otherwise threatened/harrassed . . . . . . . . . . . . . . .32
Kidnapped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Briefly detained . . . . . . . . . . . . . . . . . . . . . . . . . . . .78
Attacked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79
In hiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Deported/expelled/fled . . . . . . . . . . . . . . . . . . . . . .16
Total number of cases
Recorded January to June 2004 . . . . . . . . . . . .742
Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
79

80
Index of Countries
AFRICA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ALGERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ANGOLA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
BENIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
CAMEROON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
CENTRAL AFRICAN REPUBLIC . . . . . . . . . . . . . . . . . . .5
CHAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
DEMOCRATIC REPUBLIC OF CONGO . . . . . . . . . . . . . .6
DJIBOUTI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
ERITREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
ETHIOPIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
GABON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
GAMBIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
GUINEA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
IVORY COAST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
KENYA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
LIBERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
MOROCCO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
MOZAMBIQUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
NIGER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
NIGERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
SIERRA LEONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
SOMALIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
TOGO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
TUNISIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
UGANDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ZAMBIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ZIMBABWE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
AMERICAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
ARGENTINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
BRAZIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
CANADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
CHILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
CUBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
DOMINICAN REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . .25
EQUADOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
EL SALVADOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
GRENADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
GUATEMALA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
HAITI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
MEXICO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
PANAMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
PARAGUAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
PERU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
UNITED STATES OF AMERICA . . . . . . . . . . . . . . . . . . .31
VENEZUELA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
ASIA and Pacific . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
AUSTRALIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
BANGLADESH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
CAMBODIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
CHINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
CHINA (HONG KONG) . . . . . . . . . . . . . . . . . . . . . . . . . . .40
Tibet Autonomous Region . . . . . . . . . . . . . . . . . . . . . . . . . .40
INDIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
INDONESIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
INDONESIA/Papua . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
INDONESIA/Central Sulawesi . . . . . . . . . . . . . . . . . . . . . .42
MALAYSIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
MALDIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
MYANMAR (BURMA) . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
NEPAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
PAKISTAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
SOUTH KOREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
SRI LANKA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
TAIWAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
VIETNAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
EUROPE and Central Asia . . . . . . . . . . . . . . . . . . . . . . . .51
ARMENIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
AZERBAIJAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
BELARUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
BELGIUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
CROATIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
CZECH REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
CYPRUSS (North) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
DENMARK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
FRANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
GEORGIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
GREECE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
ITALY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
KAZAKHSTAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
KYRGHYZSTAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
MACEDONIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
MOLDOVA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
MONGOLIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
POLAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
RUSSIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
SERBIA and MONTENEGRO . . . . . . . . . . . . . . . . . . . . . .57
SPAIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
TURKEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
TURKMENISTAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
UZBEKISTAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
MIDDLE EAST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
BAHRAIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
EGYPT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
IRAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
IRAQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
ISRAEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
JORDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
KUWAIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
LEBANON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
PALESTINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
SAUDI ARABIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
SYRIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75
YEMEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76